Exhibit K-2 [Marked pages to revised Description of Property and ... · SIC E Architects II 1...

Exhibit K-2

[Marked pages to revised Description of Property and Building Conditions on next page]

LO(A ION AM, USE Of PPOPIKIL

432 PARK AVE1i4ofNew York.. New York

R O M NO 1 2 9 2

LOTS NO 3 3 . 43. 45 & 4b and the air tights trom lots 41 & 47

ZONING D6TRIC1 C S . 1 5 & CS-3

ADDRESS.

RMISSISLE USES. U s e Groups 1-6 and 9-11 in district CS-2.5 and CS-3 n per New York ZoningResolution. whKh permits Residential, Community Facility and Commercial usesThe proposed uses will comply with all zoning and use requirements.

s_ U M W QUONMAKTIgh

YEAR OUrtr:

CLASS or CONSTRUCTION.the Building will be classified as Class I-8 (Non-Combustible) and will conform to allapplicable regulations of the Building Code of the Oty of New York reuiodngCode), C a s s I-B construction includes all buildings and spates in which all Maio(structural elements have a two-hour lire resistance rating

3. C E R T I F I C AT E OF OCCUPANCY:

4 Alt.T4RA-TA0a4alayauga.fi PERMIT NUMBER:The plans were filed under number NB I 120628776 with the Depanment ofauildings, in compliance with all applicable regulations for n r w buildings Theprolect was not sell- certified

SIC E ArchitectsII 1 ocamploinotALA40 PARK AVENU:ritiAM-111

DESCRIPTION OF PROPERTY AND SPECIFICATIONS432 PARK AVENUE

New York, New York1041-12g6•17-11

The proiect is new tOnSULiCtion. The construction started in September of 2011 andbased on current COnitruction schedule. it is anticipated that Attie first residentialaautrageaxadtrxel lUksigal l iat will be--solyAantiaiiy-conipieted in Or about Julyof 2015, unless delayed by weather, strikes, lockouts. acu of God. shortages of, orinability to obtain materials, equipment or labor, governmental restrictions orpreemption, damage by fire or the elements or any other cause over which theSponsor has no control,

Prior to the rint closing, the Sponsor will obtain a Temporary Certificate ofOccupancy for those Residential Units which will be closed from the Department ofBuildings of the City of New York ('Depari ment of Buildings-)After completion of construction the Sponsor will apply for a Certificate ofOccupancy for the building from the Department ofThere will be one final CentlicAte of Occupancy for all uses and builrunti,

5 O T H E R S

C. m i lI. s a t

NUMBERS & BUILDING USEAli floor plant apartment drawings. 4nd other references to floors in this reponutilize the marketing numbering of !loots in lieu of an actual construction floornumber. See W. UNIT INFORMATION

S LC E A rchitects

Mere It an exi;ling recorded lot restriction at the well isde of the property ediKentto S n Pv14)ths°n T h e frlitriCtiOn provides for a 7 F T of tOr and ventilation spaceadjacent to s7S medlson beginning at about 54 FT above grade riPProilmelehrthe bottom of the existing be' floor windows of SIS Madison The new building willcomply with this restriction.

In accordance with the Survey prepared by Manhattan Surveying, PC Licensed LandSurveyors. 225 Broadway New York, New York, the lot of the new development utehas a frontage of 101'4* along Fast 57th Street, 67--1' along Park Avenue arid27S 0* on East 56" Street. The area of the lot is apprommately 34,470 SF.

Them will be two separate buildings at the site-.• A n gaaa story tower located at the center of the site that will contain

Residential Units, Office Units, Retail Units, a Garage Unit and the Club Unit(The -Tower") The lower base will extend to sr-. Street and be occupiedby portiOtIS of the Retail Units.

• A 14- story building located at the corner of Park Avenue and Set' Street willcontain a Retail Unit (The* Park Avenue Pavilion-)

lacing 57" Street there will be retail space

The First Floor of the Tower will be occupied as follows:Facing 56" Street there will be a Main Lobby that will open into the ResidentialLobby as well as to the Commercial lobby serving the Health Club and the OfficeUnits_ The portion of the Land between the Main Lobby and East 56th Street will beoccupied b y a private courtyard (the •Courtyarcr), which will feature asemi-circular driveway leading from East 561h Street to the Main Lobby and theentry point to the Garage Unit and loading dock area T h e portion of the Land tothe east of the Courtyard and to the west of the Park Avenue Pavilion will beoccupied by a private garden (the •Garderr), which will feature landscaped areal.The building set-vice entrance, the emrances to the Garage and the Loading Dockare also located at the first Floor facing 56* Street.

The south Haien of the l e floor and floors 14" and 16P% of the Towet will beOccupied by the Health Club.The north section of the I r floor of the Tower will house a Revaurant, a kitchenand a Terrace for the use of the residential occupants of the building and theirguests only M e terrace well be quahlied as the buddengs residential recreationspace In compliance with NYC Zoning Resolutions and no admission or membershipfees will be charged for Its use

Floors 1101IL 19" & 20401 of the lower will be occupied by office spaces

Page 2 of 41

SLCE Architects

Floors 28th and Z9th4.2, 34111 to 45,11•;41 48"' to Sir,,A, 62•" to 1-34171. 71 771* toggilua, 63 to 86. 88 and 91" to gSwat of the Tower will be occupied by ResidentialUnits,

Floors 30'1' and 3-11tral.. 460' and 4,71A,41. 601'• and 6 4 " l 74bk and 7-,Su'r7.1,89t'' and90th--- o f the Tower will be occupied by mechanical rooms and open terraces.There will_be additional mechanical spaces inn floors 2"1-1-8"' 4 . 15„ 18. 2Q and247421 and other minor mechanical rooms In the non-residential floors of theTower ° O s • s I • 4 • t • • 0 6 I

WineCettarCellars and the Bicycle Storage

DAM-.02.510-11111.111.1i21.-Mter.ltualsuiDattegeaernee

Floors 46,"12 to 1011 I0 of the Tower will house Mechanical Rooms, the ElevatorsMachine Rooms, the window washing equipment and the mass dampers.

There will be a Cellar and a Sub-Cellar 2 occupying the entire development site,extending under the area occupied by the Tower, the Park Avenue Pavilion and theGarden. There will also be a partial level. Sub- Cellar 1 in the N-orthernnorthern partof the site between the Cellar and the Sub-Cellar 2

The Cellar will contain Retail Units to be used in conjunction with the Retail Units ins r Street and/ or Park Avenue Pavilion and Utility Rooms, From the Cellar there

are not locatul_in Ult ima that tlag City tias the Dent teueposs ._iponsiatj)as0 I , I ' O . • • I I $ 6

The Sub-Cellar 2 will contain Parking accessory to residential and commercialoccupants and Loading Berths for use by the commercial occupants as well asResident's Storage Closets, Laundry Room. Employee's Locker Rooms and UtilityRooms,

The Sub- Cellar 1 will contain additional Resident's Storage Closets. aResiclent'•

3. S T R E E T S OWNED AND MAINTAINED BY THE PROJECT;The property fronts on East 57L'i Street on the Noftheorth. East 56°1 Street on theS0(4141011 and Park Avenue on the ENtastealL. The streets are paved with asphaltand are owned and maintained by the City of New York. No street Is owned by theproject.

4. D R i v E S . SIDEWALKS AND RAMPS:The sidewalks adjacent to the property will be replaced with new concretesidewalks running full width from the property line along to the street and pitchedto drainage at the Curb. The new concrete sidewalk pavement will be free oftripping hazard and pondinp. There will be grilles for ConEdison electrical vaults atthe 56th Street sidewalk,

(I) P a v i n g : T h e streets are paved with asphalt and are owned andmaintained by the City of New York.

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1.Wi t54011 .Cr I t t iNTIONS

1- F O U N D AT I O N S

F. I A N O K K A P I A L I D I N I Z I O U R I a

TREES

SLCE Architects

the kitchen Outlet in each Residential Unit that will be tied to the building'sintercom system through the Concierge.

Similarly, the charges with f espect to the telephones in the Commercial Units will besleParatetY paid for by the Commercial Unit Owners. The telephone charges withrespect t o the public areas of the building (such as the concierges desk,maintenance offices, etc.) will be borne by U n i t Owners as a Common Expensearid apportioned for each Unit as provided in the First Year's Budget.

CAKE TREVLCION-. C a b l e Television service will be available for all Residential Units from Time WarnerCable (Or alternate cable TV company.) A l l charges for cable television service(including installation and subscription charges) will be paid by each Unit Owner,who subscribes directly to the cable TV company.

STEAM: S t e a m will be provided by ConEdison from East Sifit's Street. Two (2) separate meterswill be providech-Cine; on meter for the Residential portion and one meter for theCommercial tenants A Pressure Reducing Valve station will provide steam to theheat exchangers on the mechanical floors and all other steam requirements for theTower and the Park Avenue Pavilion

The budding will be founded on reinforced concrete spread footing and matfoundations bearing on 40 to 60 ton per St—souare foot of ,bedrock. Rock anchorswill be used in select locations to control tensile loads. The lowest basement floorwill be a slab on grade. Perimeter reinforced concrete walk are extended tobedrock below the slab on grade which is intended to mitigate the ingress of groundwater within the plot. The slab on grade is placed over a vapor barrier that is laidon top of a gravel and sand bed. A drainage system shall be placed within the gravelbed and directed to a sump system to remove nominal quantities of groundwaterthat pass through the bedrock. The underground levels will be confined byconventional concrete walls. Foundation walls shall b e provided wi th awaterproofing membrane, and construction Joints shall have waterstoos to inhibitwater infiltration. In order to negate additional ad-freezing stresses at foundationvans, all foundation work will be maintained at 50 degrees for 72 hours. Walls willbe blanketed for at least 12 hours following pouring the concrete

GRASS COVER T h e r e will be limited amount of grass cover in certain areas of the Garden at 56'*Street

2. P t A N T I N G AREAS T h e s e will be a landscaped Garden at the First Floor on the Sououth side of theproperty surrouoidiogattialeata the drop off.There will be a larodscapeckerrace with planters at floor 12th facing S1''' Street.

There will be trees in the landscaped Garden at the ground level on the FieutkouthSide of the propertyTrees will be planted as required by Zoning Resolutions that indicates that one treeshall be provided every 25 of street frontage of the zoning lot. Where not feasible.

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1. T O T A L HEIGHT:

because of conflicts with utilities or garage entrances, trees will be planted inalternate locations recommended by the Parks Department.

No fencing will be provided4. FENONG

Nopi site gatesgsite will be provided JacuttelloasuzLaiinthitacar.1:111.5_ GAMS

6. GARDEN WALLSThere will be new site walls surrounding the First Floor Courtyard on the north sideand next to the loading dock. The site walls will be faced in 54orliekdd-aitalgAZIA1

stuqo.

7. RETAINING WALLS There will be no retaining walls other than the foundation walls.

G. IntILOJNQ HEIGH'

CRAWL SPACES

No of CELLARS

4. N o N A S I D E R of FLOORS

S. E Q U I P M E N T ROOMS

6. PA R A P E T S

H.S I R U c l u f u m . 5 _STEMS

SLCE Architects

The approximate total height of the Tower horn itie4obby4i.1454ed-1100icathelevation t o the too o f the main roof enclosure is ;496-70.1.1021.• Theapproximate height of the Park Avenue Pavilion Is 841.11,-Ullealikadt1I-Cal-".aestalfilishIslatIOLlifZialgia12-thtLtastatmatox2s111.00111112,

There will be no crawl spaces.

There will be one Cellar, one full Sub-Cellar 2 and a partial Sub-Cellar 1 level.1I1e.

The Cellar floor-to-floor height will be approximately 23"The Sub- Cellar 2 floor4O.410ot height iLvall be approximately 22' and 10' atoosioLthe Sub- Cellar 1 area The Sub- Cellar 1 win have an approximate floor-to•floorheight of 11'

There will be 84U construction stories above gradeThe floor-to-floor heights of the Residential Units will be 15'-6- except the uoitimiuat marketing fl0of451*-Lbat-49-31!--fl00r-40-fl001-Atso-unitsr-Praod--8-a4-floors2136n4er4014F-4-2"-arid-44'%-w41-ith3ve-a-floor4o--flooeig44--of--341. pod 86 that

VliLlar-31-11g2L1211-0-0L-Actual clear heights will be lower due to the thickness of slab, beams, finish floorand ceiling construction and installations of mechanical, electrical and plumbingsystems, and will vary from room to room.

There will be Mechanical Rooms at the Cellar, Sub-Cellar land Sub-Cellar 2, FloorS.rdratter.261N4rorarlr4er4rr-6Cer61'ir70•145s'rarrrg0112, 4, IS_ 18 20, 21_sLa31x u A 7 . 60.11 /6 . . . 1132 -20 and 96111Z to 11461402, There will be a massdamper at the top of the budding. There will be additional mechanical floorscontained within the retail floors as well as the office floors and the top floor of thebuilding In Park Avenueh

Height from top of roof finish to top of parapet or handrails at mechanical floors willbe a minimum of a b o v e finished roof, The too of the buildiniz

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SLCE Architects

The structural design of the foundations and superstructure will be in accordancewith the New York City Budding Code, including all regulations for wind and seismicloads.

Wind and seismic lateral loads are resisted by concrete shear walls, a perimetercolumn/beam tube system, and slab frames across the width of the building andparallel to the length. Outrigger braces or walls are provided intermittentlythroughout the height of the Tower to provide additional lateral bracing.

All Tower levels above ground are flat plate reinforced concrete COnStfuCtIOrtsupported by reinforced concrete columns and shear walls.

Ground floor and retail spaces beyond the Tower footprint at 57" Street and at thePark Avenue Pavilion shall be primarily steel framed with composite concrete overmetal deck slabs.

Supplemental damping systems are located at the top of the Tower to mitigate thelateral movement and reduce it to levels acceptable In the industry.

1. E X T E R I O R OF BUILDINGSTower Walls:The walls are made of dense cast-in-place concrete, with 2" semi-rigid continuousInsulation with a vapor-retarding wrapping the concrete interior columns andperimeter beams, at the room side, with a metal stud framed gypsum board finish.The aluminum windows have a large fixed light, comprised of an insulating glassunit with a high performance Low-E coating, held in a thermally broken aluminumframe, sealed to the perimeter concrete opening. The aluminum wall system will becustom manufactured by ENCLOS inc or comparable equal.The average assembly U-value for the opaque wall is 0.143 BIU/hr"P"It2. (Roughlyequivalent to an R-7) The window assembly U-Value is 0.4013Tu/hr"F•ft2.

All exterior wall assemblies, roofs and terraces shall have Insulation values incompliance with the New York State Energy Code and fire resistance ratings incompliance with the New York City Building Code. The high strength concrete'sdensity and the properly sealed windows willbave been designed to prevent waterpenetration into the building.

Retail Units: The Retail Units at 57"' Street and the Part Avenue Pavilion will havealuminum curtainwall and glass storefront. Other decorative materials may be usedon the exterior of the budding

Local law 11/ 1998 is applicable. Following construction, exterior building facadewill have t o be inspected by a licensed professional eegioeer-tneine0E orafehiteo,Architest every 5 years during standard reporting periods established bythe City of New York.

(ii) W i n d o w sAt the residential floors, the windows system will consist of a glazed area Inserted Inan extruded aluminum frame The windows will have high performance finishes andwill be glazed with factory assembled insulated glass units that will provide for theproper sound Insulation of the building. Windows will be thermally broken.

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3, 0 - i l M N E Y S

S I X E Architects

Windows will have a fiveyear warranty on labor and materials and a ten-yearwarranty for the paint of the windows.

Glass panels will be either insulated clear or fritted glass or insulated glass atshadow boxes The factory assembled insulated glass units M A will have a low-ecoating and two layers of tigaursatecLiaminated oul.bibilligialLand one layer oflatilLutaiesJ fully tempered glass,Lle—gLovided at locations slik A i lwindow sills will be metal or other. The natural ventilation will occur throughopaque vent panels located in the lower part of the fixed glazed area. The ventspanels will be enclosing exterior fixed louvers.Special windows:The windows at the West=I t facade in the north half of the Tower are locatedwithin 8' of the property line. None of these windows will provide legal light and airfor the surrounding rooms for the purpose of permissible occupancy of those roomsand the windows located below 1.18'•r or 60 above the adjacent building roof (4thfloor) will be provided with tempered glass and will be protected with sprinklers. Ifin the future the adjacent buildings within 60' are extended in height, theprotection of the windows with tempered glass and sprinklers should be extendedaccordingly and they may be required to be dosed with a solid and rated enclosureor replaced with one hour rated windows. The cost of the required changes will bepaid by the owner of the affected unit. A restrictive declaration will be recorded forthese windows,The windows at the E a s t = facade of the Tower are located at the tax lot linebetween lots 42 and 43. An agreement has been signed with the owner of lot 42that provides a perpetual easement for light and air over Its property and alimitation not to build higher than its present height. Windows at this tax lot linewill be protected with sprinklers and will have safety glass to a height of 60' abovethe roof of lot 42 (5th floor)The windows of the Club Unit and Office Units will have similar characteristics andrestrictions as the residential windows

The Retail Units in 57th Street and Park Avenue Pavilion will be provided with acurtainwall system.

All exterior metals, including fasteners shall be corrosion resistant.

2. PA R A P E T S AND COPINGSThe concrete structure and the window modules will extend above the main rooflevel of the building creating an enclosure for the mechanical equipment. Noseparate parapets will be provided at the top of the building.

The building has two refuse chutes with rated doors opening at residential floors.There is no boiler flue.The generator flue will be located at the top Of the Park Avenue PavilionThere will be chimneys for gas-fireplaces located at g5lh" U g h . 88th and 91st to9S2ce floor apartments.Fireplaces will not-be wood burningand P.A3S

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LI B A L C O N I E S AND TERRACESThere will be no balconies in the buddingThere will be not -accessible terraces at the mechanical floorsThere will be a terrace accessible to all the budding residents at the 12'1' floor as

part of the building amenities.

5. E X T E R I O R ENTRANCE

SLCE Architects

The amenities terrace on the 121' floor will have paversof-wood-dec-k over a roofingDeck Finish:

A storm drainage system will be provided forite 12 floor with flow control drainssystem.

and will be sized Weston base-otalbe 12 floor terrace area plus 50% of the verticalwall runoff of Tower, per 2008 NYC Building Code_

The mechanical floor terraces will have a protected roofing system.The doors to the terraces will be hollow metal.

(ii) Balustrade:There will be no balustrade

The amenities terrace on the 12" floor will have a glass and metal railing, VI/1UL(di) Railings:

part of the curtainwall system.All honzontal railings at accessible terraces will be protected not to be used asladders by children.The mechanical floor terraces will have metal railings.

(iv) Coping:All coping will be painted aluminum or stainless steel with non- corrosive hardware.

(v) Soff i ts:me amenities terrace on the 12" floor will be open to the sky, no soffits or ceilingswill be provided.The mechanical terraces will have an extenor-use gypsum board ceiling.

(vi) D o o r sThe doors to the amenities on the 12k" floor terrace will be part of the curtain wall

system.The doors to the mechanical floor terraces will be hollow metal.

Exterior Doors and Frames:a. M a i n Entrance to Main Lobby: The main entrance will have two revolving

doors and accessory swing doors with metal trim and tempered glass. Themain entrance to the building will comply with ADA and all other applicablerequirements.

b. Re ta i l Entrance The main entrances at the Retail Units will be metal and glassrevolving or swing doors.

(0) Vestibule Doors and Frames:There will be no vest ibules at the Main Lobby.

01'61

tY)

6. s f i m a E N1RANCE

(00

SLCE A rc):itects

pa) t ‘tetkeThere %ill be no exterior stairs.

0,4 sMere will be no railings at exterior MINIM:CS

Maii helixes:indmdual residential mailboxes will be provided next to the Residential lobby at

the ust Hoot

64) L i g h t i l l g !RtVCS:StVI at the canopy ceiling or wall mounted fixtures.

I nt M O MNo interom system will be provided from site entrance to individual ResidentialUnits The concierge will have direct communication to all residences. There will bean mtercom t w r o n the Service Entrance and the Concierge Desk.

(1) E x t e r i o r Doors and I:tames,a, S e r v i c e Entrance ...The service entrance and egress stair exit will be

aluminum and glass with cOrrosiOn resistant fasteners. Adequate light, incompliance with Code will be provided,

b G a r a g e Entrance- Cars and trucks will be lowered to the Garage and LoadingDocks area at the Sub-Cellar 2 via two enclosed car elevators.

(ii) G a t e s :There will be no gates related to the service entrance.

CO Exterior Stairs:There will be no exterior stairs.

(tv)There %vie be no railings at service entrance.

C. S u r f a c e Finish:Pavers or gravel

d. G u a r a n t e e

ROOF AND ROOF STRUCTURE(1) R o o f types for all areas

a M a t e r i a l :The roofing systems will be an iasti4414inverteil roof membrane assembly(IRMA) comprised of fluid applied waterproofing installed below boardInsulation with pavers or gravel ballast over.

b. Insulat ion:There will be 45" of rigid Insulation or equivalent with a R value of 20 incompliance with the New York State Energy Code.

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e.

S LC E Architects

The roofing system shall have a ten-year manufacturers guarantee.

clashing Material:There will be metal cap flashing and fabric base flashing.

(0 Drains:a. L o c a t i o n , material and type

Cast iron drains will be provided at all roof areas, which will diSchargethrough internal leaders into the building storm drain system.

b. Gut te rs and LeadersNo gutters and leaders will be provided.

(111) Skylights:a. N o skylights will be provided

(0 Bulkheads

0,441 Stairs will be enclosed in concrete and concrete block walls witha. S t a i r s

aluminum panels.

b. E l e v a t o rThe elevator bypass will be part of roof bulkhead; it will be enclosed inconcrete and concrete block walls with aluminum panels.

c. O t h e r s ;Mechanical equipment rooms will be part of roof bulkhead.Window Washing Equipment will be located at the bulkhead.

All rooftop mechanical equipment, that so requires, shall be mounted onvibration isolation comprised of neoprene and/ or springs as required tocontrol vibration and structure-borne noise transmission to the apartmentsbelow. In addition, the structural slab separating the equipment will be atleast 3.0•Inches thick normal weight concrete.

tvil Metal Work at Roof Levelsa. E x t e r i o r Metal Stairs

There will be oo exterior metal stairs to mechanical_ areas like thesarroof and others,

b. Ve r t i c a l laddersSteel vertical ladders will be provided at roof levels within the mechanicalbulkhead.

C. R a i l i n g sRailings will be glass and metal

cl• H a t c h e s to the roofThere will be no.41o4c-he44o4he-ro0l0LILLatUstiath..11.1-22P-Mailliallabralit

$ I 9 1 1 1 • • „ ; a . • I • 1 1 9 1 . I • * L * 1 1 1 L • • - a •

batch at the Staff Entonte to access roof for maintenance.

e. A l l exterior metals, Including fasteners shall be corrosion resistant

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I. F I R E ESCAPES_There will be no fire escapes

YARDS AND COURTS

10. I N T E R I O R STAIRS

SLCE Architects

f. A l t metal dunnage will be provided with a primer and two coats of paint.gL

gaimilet

Me Courtyard b e located On the Sotbtilsolall side of the property at theFirst Floor with direct access from 56th Street.The Courtyard will be for private use of the residents of the building.The easternmost-section= of the Courtyard will be a landscaped Garden andwill provide access to the different areas of the complex.The section of the Courtyard located south of the Tower will be a car drop off andopen area that will provide main access to the Main Lobby.An open service area that allows access for the Garage and Loading Dock will belocated on the westernmost section of the lot.

(I) P a y i n g :Sections of the Courtyard and of the Garden will have pavers over a roofingsystem. There will be built-in planters.

(II) Dra inage:Cast iron drains will be provided at the Courtyard and Garden areas and in theplanters. they will discharge through internal leaders into the budding storm drainsystem.

(ill) S ta i rs :Steps or ramps will be provided to absorb the minor differences In elevation inthe site

(iv) Rail ings:Stainless steel railing will be provided at all stairs, ramps and areas with differentelevations.

(v) Fenc ing :No fencing will be provided.

(vi)New site wails will be provided adjacent to neighboring buildings

(I) N u m b e r of stairs of each type.Mere are 2 (two) scissors exit stairs which extend from the roof bulkhead downto the 2 6 ' floor servicing all the residential floors.The scissors stairs separates into two independent gaits from floors 26111-21._down to the ground level. The two independent stairs provide egress to theHealth Club. the Office Units and the Retail Units. One of the stairs exits throughthe lobby, the other one through a passageway to the Garden and street.

Pagc 12 of SI

(iv) Stringers:Steel

(vi) Risers:Painted steel

SLCE Architects

The scissors stairs doors open directly into the private service corridor ofapartments • • I : • • i • • 4 8 " to• • I •

511SIS., 51th to 59th 6,41-.11.C, 62r4 to 2.1.1L.A.Ant.11...73'1 A and B, 771- toAftillalliant8dIth. A aoct B, t o J i . w L 88" A and 91" to 9.S9Sit-• A. Thesedoors will be locked from the stair side and will be equipped with an automaticfail-safe system that would allow the door to open in the event of activation ofany automatic fire detection system or when any elevator recall is activated.Doors with hold openers at the end of the corridors will close at the same timelimiting the access to the rest of the apartment. A telephone communicationsystem connected to a constantly attended station will be provided.

There will be independent stairs for the Retail UnitsUitat at 3 - 4 t h ePark Avenue Pavilion,The Retd I Units atA7th itcedalyianateasicelliglialmillakladllagAirs-There will be four stairs providing egress from the Cellar and Sub-Cellars.

(ii) Enclosure:All stairs will be enclosed in two hour rated construction, either Gypsum boardpartitions Or concrete block. All entrance doors to stairs will be 1 Y1 hour rated.

(III) S t a i r Construction:The main tower stairs and the cellar stairs will be steel construction,

WI) Guardrails:Steel guardrails will be provided.Steel pipe handrails will be provided.

(v) Treads:Steel plate or concrete fill with photo luminescent signage where required

I L INTERIOR DOORS AND FRAMES(I) U n i t entrance and interior doors and frames:

The Residential Units entrances doors shall be solid core wood fireproof selfclosing doors and will meet all Building Code requirements including noisetransmission requirements. The frames will be hollow metal. The Residential Unitsinterior doors shall be solid core wood doors with wood frames,

(II) Corr idor Doors and Frames:All corridor doors shall be wood fireproof self closing with hollow metal framesand will meet the Building Code requirements, except that corridor doors atMechanical and Bulkhead floors will be fireproof self closing hollow metal doorsand frames.

(III) S t a i r Doors and Frames:All stair doors and frames shall be wood fireproof self closing with hollow metalframes and will meet the Building Code requirements.

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12. ELEVATORS

SLCE A rchitects

(iv) R o o f Doors. Basement Doors and Frames:These doors and frames shall be hollow-metal and will meet the Budding Coderequirement

Number of Passenger and Service ElevatorsThere shall be:a. T w o (2) Passenger Elevators ( PE-1 and PE-2)

Servicing lobby, the Club Unit floors, the Office Units floors and all theResidential Units floors up. t h e 84th floor.

b. T w o (2) Passenger Elevators (PE -3 and PE-4)Servicing lobby, the Club Unit floors, the Office Units floors and all theResidential Units floors up the 952fith floor.

c. O n e (1) Service Elevator (SE-1)Servicing the Sub-Cellar 2, Sub- Cellar 1, Cellar, First Floor, Club Unit floors,Office Units floots, Residential Units Floors up to the 9S2.k f loor andMechanical Floors

d O n e (1) Passenger/ Service Elevator (ASE41Servicing-tho--C4ob--Uoit---flows-anti-Officery---Uoits--Pow67 Sub-Cellar 2,Sub-Cellar 1, Cellar, First Floor. 1e1-.1lowr, 14th flow-and 16th floorfloors( Club) and Z844o-261,81h. 19th aDd 20th ( Office floors)

e O n e (1) Car Elevator (CL-1)Servicing First Floor down to Sub-Cellar 2

f O n e (1) Truck Elevator (11.-1)Servicing First Floor down to Sub-Cellar 2

Et. O n e (1) Passenger /Service Elevator (RPE-1)Servicing the Park Avenue Pavilion.00e4.1-)-PassengeHt-Service-Elevator4REA--1)Se•vicing-the-Retaik-Units-of--the-boildiog-01-6r4-Streeti

h. i-.--One( 1) Service Elevator ( SE-2 )Servicing the Service Entrance down to Sub•Cellar 2, Sub Cellar 1 andCellar.One (1) Retail Elevator ( RSE-1)Servicing 57th Street Retail at Sub-Cellar 2, Cellar, First, second, Third andFourth Floors.

01) Manufacturer and Capacity:Elevators will be--e4t4er-Feletec---6levalw-Compaoy/C-tKtomr-045_peyaief_Company/Cyst-0ml Schindler Elevator Company/Customr---ThysseoKropp-64eyaiw-C-ompaoy/C-ustoror-gooe-E-levater-Compa-Piy/C-41-stom7 or approvedequal.

(Ill) Elevator capacity:1. Passenger2. Passenger3. Passenger4. PassengerS. Service6. Club Elevator7. Car Elevator8. Truck Elevator

PE-1PE-2PE-3PE-4SE-1AS ElCL-111-1

3,000 lbs.3,000 lbs3,000 lbs3,000 Ilas3,500 lbs.4,500 lbs.17,500 lbs.60,000 lbs.

(451

1

Bevatof

13, ELEVATORS CASs

SLCE Architects

(v)

9. Retail Elevator.

11. Service Elevator12. Retail Elevator

(Iv) Opera t ion type:PE-1 & PE-2 and PE-3 & PE-4DUPLEX ETA GROUP CONTROL

RPE-1, RSE-2, SE-1, A S E - 1 , CL-1, R S E - 1SIMPLEX SELECTIVE COLLECTIVE CONTROL

Type of controls:PE-1, PE-2, PE-3, PE-4 and SE-1Gearless Variable Voltage Variable Frequency (VVVF) control.

RPE-1, RSE-21-RSE-1Geared Variable Voltage Variable Frequency (VVVF) control.

CL•1,Hydraulic AC drives

(v1) F l o o r s ServedSee item 1

(vii) Elevators type:All elevators will be Gearless Traction Type except the car elevator-and, thetruck elevator and SE-2 that will be direct acting hydraulic.

(vfII) D o o r s :PE-1/PE-.1SE-1

ASE-1C1-1 and 11-1RPE4-4-21, and RSEa-2RSE-1

Location of Machine Room:PE-1 and PE-2

Mechankal Room at 89" FloorPE-3 ajtclSE-1ASE-1C1.-1 and I1-1RPE-1, SE-2, RSE-?and RSE-1

(I) K i n d :Residential and Commercial

(ii) F l o o r material:

Pi-1330003,50(2 lb s.

SE-2 3 , 0 0 0 lbs.RSE-1 8 , 0 0 0 lbs.

one speed center open doorsone speed center open doors(front & back)one speed center open doorvertical blparting doorone speed left side openingone speed center open doors

Ra04-balkneadia-E-1-and-PE-4

Rapt bulkheadRoof bulkheadMechanical Room at 2-v71g FloorNear lowest landingAbove elevators

ofsl.

I. fitMLLIARYIACILITIES

1- LAUNDRY ROOM

1. REFUSE DISPOSAL

SLCE Architects

Stone or carpet at the Passenger Elevators.Rubber at Service and Retail Elevators

(Ili) W a l l s :Wood panels, stone, leather or metal at the Passenger Elevators.Metal Panels at the Service and Retail Elevators.

(iv) C e i l i n g :Wood and plaster at Passenger ElevatorsMetal Panels at the Service and Retail Elevators.

(v) L i g h t i n g :Recessed ceiling lighting

(v1) A l a r m and Safety SystemCabs will have emergency lighting.Fire Recall will be integrated with the building fire alarm system.

(I) L o c a t i o n and number of rooms:There will be one Laundry Room located in the Sub- Cellar 2 to be used by theResidential Unit Owners.

(ii) C l o t h e s washers, number and type:There wilt be two i2j_heavy duty coin operated clothes washers,

(ill) C l o t h e s dryers, numbers and type!There will be trifeetwe (2) heavy duty, Coin operated gas dryers,

(Iv) R o o m ventilation:The laundry room will be mechanically exhausted and will be provided with air

damaaim c o n d i t i o n i n g .

(v) D r y e r ventilation',The dryers will be mechanically exhausted to the exterior.

(I) Incinerators:There will be no Incinerators-

(II) Compactors:Two Refuse Chutes will be located off the public corridor on the ServiceElevator lobby on the Residential Floors, except that a t Apart1ient—G-4Hrfloors48" to s9ent-opaniviefirr-A-at-44ocors53rd C, 54th to 59thrapartmerns A and 8-at-floorsc. 62d to 6rrfloofs-68"407 1st A ,and B. 73"a tondil. 77" to B„IsIA and

• •-t I o • : • r * • • * • • • o •

of 6.1.

1

Water tanks flit (3) Pumps, 200gpm ea.In pump P-2 4 4 ? Floor

)0hp ea, 75700ft head,480v, 3p

a

J. ELLIMINNOPAilnitAINAGE

I. WATER SUPPLY;

fatilebiflit..X11EMILL

Equfpment

Water tanks fillirk pump P - I

SLC E Architects

1P11

Designation

831c1 and 841thdt arid the OM, ,iparini•ent per-florg as-floo94.1141*-161 8 . 86111ant 88" &and 91" to 9S2it'A the chutes will be located within the ResidentialUnit The chutes will lead to a compactor located al the ae2114 floor.

(Hi) Approves:The compactor equipment ind Installation will be approved by all requiredauthorities.

Initial Storage Location:Compacted bags will be stored at the refrigerated compactor room. Therecyclable products will be stored at the recycling room located at Sub-Cellar

(V) P i c k - u p scheduleThe bags from residential compactor room win be brought by buildingpersonnel to the curb at SW' Street and picked up by the New York OtyDepartment of Sanitation.

A 6-inch domestic water service with a double check valve backfiow preventer and watermeter will be provided from the public water main to three (3) House Pumps each ratedat 200 GPM one is locked. Domestic water will be supplied to the Cellar level from S rStreet. All main shut off valves are located on Cellar level.A backflow preventer will be provided at this location. Pumps will supply the 12 water

tanks that will serve both Domestic Water Supply and Fire Reserve. The capacity of thetanks ranges between 11250 gallons and 15.000 gallons. The Building will be suppliedby 12 tones of cold water, hot water and hot water circulation. Domestic hot water willbe provided via steam fired domestic water heaters. Material of water pipes will beType l . copper. All domestic hot and cold water pipes will be insulated throughoutwith 1- fiberglass insulation with Insulation jackets.

Location

SC-2 Level

Service

(3) Pumps, 200gpm ea,75hp ea, 90820ft head.

480v,

Manufacturer

Peerless

Peerless

ModelNo,

2_ FIRE PROTECTION SYSTEMS(I) T w o Fire Services:

One 8-inch fire serVICe will enter the building from 56 and one 8-Inch fire servicewill enter the building from s r Street and will be provided with 8-lhCh double

of SJ.

S PERMITS REQUIRED

it STORNI Cr!%AiNAGE SYSTEM

(ii) R o o f arid Terrace Flow Control DrainsRoot arid terrace drains will be located on the roof and terraces

IfAnLYG

1. D O M E S T I C WATER HEATING:

2. s P a a HEATING!

SIX E Architects

One 15 *rich combined sewer connected to greet municipal sewer at 57 ' Street,one 15 loch combined sewer and one l i r sanitary connected to street municipalsewer at 56 Street

(1) A i l permits will be obtained by the plumbing contractor.

(i) G r a v i t y storm drainage from Courtyard and Garden drains will be conveyed to1,5100C11110 gallons storm water detention tank located on Cellar level and thento 1S• combined sewer connected to street municipal sewer on 56" Street. Gravitystorm drainage from the Tower roof flow control drains will be conveyed to the15- combined sewer on s r ' Street.

00 P i Ping:Cast iron piping with hub and spigot fittings and push-on joints.

(lv) Sump Pumps;Three duplex sump pumps are provided at the Sub Cellar-2 level to collect anddispose of groundwater as well as areas not able to be conveyed to the city sewersthrough gravity. All elevator pits are also provided with simplex oil minder sumppumps

(y) S torm water disposal.;The building storm water drainage system wiU be connected to the two 1.51.combined sewers main exiting at Sot- greet and 57r- street.

Domestic hot water will be provided by steam fired storage type hot water heaters. Theheaters will be located at the rd floor and bulkhead Mechanical Room. Each domesticwater :one will be provided with duplex domestic water heaters. No instant hot waterdevices will be provided.

Space heating will be provided by two steamtnot water shell and tube exchangers eachlocated on the Sub-Cellar, 301' and 31st. floor mechanical room. Steam shall be providedby CoriEdison from East 46i r stiitiket5treet, One (1) meter will be provided. A PRVstation will be provided to reduce the steam from high pressure to low pressure for alluses

Hot water will be provided to dwelling units through 4•Pipe Fan Coll Units. The electriccost associated with operating fan cod for heating will be payable by each owner to theUtility Company and does not constitute part of the common charges. T h e PerimeterHeating system is designed to meet the New York City and State Energy Code. Heatingcapacities of fan coil units shall be as shown on the schedule below.

Pagc 19 Of SI

II et Apar tMents

42 pet floor

24e4 4)0.3 per floor

1 per floor

12 and 14 per floor

Equipment

la tag ig i i 7 S - , u 0 1

2 per floor

EF•SC-1EF-SC-2

EF-SC-3

AZIS

Studio Units

Equipment toCatiOn and manufacturer schedule:

h ; • • • 8•8 t ; - . • I i

Designation

EF•SC-4

EFSC-SEF-SC.6

EF-SC-7

SLCE Architects

The fan-coil units will be provided in various i t a s indicated on the plans. The totalcapacities in each of the various units are a% follows:

LocationCOMM uction

itdalsameuzu1141 2

Sub Cellar aSub Cellar a

Sub Cellar a

Sub Cellar 2

45;4501120

4510000M'40 ,25021.040%0000.24i65,100k.6102

12.2.121"51°•9St)

Sub CellarSub Cellar 2

:MSSSr-Sc. 1sr-sGaS o b : Q S / l y -aa 7.-1,kleat4014tecyailt,

46,6002I/22•657100=1.23045027,30Q301000120,40012St40il a r .

• 4-20,4001.0.040

Total Cooling per aptBTU

48,251019AlaQ

4174002L1122-3-11100tiLE82-3Sr3gSfallIN•61,400ELL5Z0 = 1 4 1 1 1 1 1 —14.121a f a l1152t14,8,30022Z1-63-.400ara;3;10024,40035r386125,900

4-2-WW.0-500

Service M a n u f a c t u r e r

jj Recycl ne. r e , e n h e c i i

Garags Exhaust G r e e n h e c kResidential Recycling Greenheck

kiehaos414113,Electrical Room G r e e n h e c kVentilationElectrical Room G t e e n h e d c

v ntllationFuel Oil Room G r e e n h e d cME R Ventilation G r e e n h e c k

ExhaustSub Cellar 2 Elet - t r iGal-Roont- G r e e n b e c k

VentilavonittisSjatt

—1-104"911141f65--Sub Cellar 2 l Garage SuPPhe Greenheck

Greenback

Model No.

: A0E1BSO

QEI

ClE1

BSQBSQ

GSQ

QEIgsQ

Page 20 a n

MI6

IMMO-

SF-SC-3

sF-SC-4

af-E-C-4sxplz-SC-1

LS2-SCC-1

SX-2-1

RF -2-3

RFL5A-4-1

SELL

EL.11:1

SLCE Architects

I Sub Cellar-2

%) Floor

1 1 1 5 1 2 1 1 1 0

8 M i n ' Floorg i s F loor

Sub Cellar E l e c t r i c a l RoomV ntilation

Sub Cellar 2 E l e c t r i c a l RoomVentilation

Sub-rceUar--2 PAVIA.fenftlation-Supply.Sub-Ce#ar-2 S C - 8 0 H - R e t u m

SC Sinokkiaygl Exhaust

toilet Exhaust

Stair Pressurization

alDir PressusizaticatSmoke Exhaust4"-f-loor-tobby-

c-nNIER_VeptiJati9ci

24400r-Retai4SI1iL

r Floor Lobuy RumV' Floor Retail

11Vr1il1atiOn SuogitMER Vr.ntliattir Supply

Ida.temitailon•

blia-VcalaWn_Vbault

1041ER Ventilation

Ufgootof Ventihltion

Toilet Exhaust4241Th Floor C l u b Unit- Lounge

R turn

Greenheck

Greenheck

Greenhe6kGreenheekGreenheck

Green heckrgegar4liGreenheckGreenbeekGreenheck

GreenheckGreenheck

gLitenlaggilGreenheckGreenheck

GreenheckGreenheckJreenheck

QEI

QEI

QfiiQEP

Greenheck A F S W

UAW,AFSW

BSQ

1121

ilfilGreenheck

Gregolvcje,

Greuntack

Qtaillask

fizgrxhackr.t.z112cs1

GreenheckGreenhe-ck

4 *

85actElAFSW

Cutrinheak

Greenheck

Greenhect;

1 B M_

QE1QEI

CIE ItfeLI AFSWaVd

CIE I

Page 21 of Si

MER VentilationExhaust

111130thZ_ Floor

111311z1Float

3 1 0 7 r Hoot

aub Unit- Exerose Club

Stair PressurizatiOnMER Ventilation SupplyElectrical RoomVentilation

Dryer ExhaustTodet ExhaustEleCtliCal RoomVentilation

B e a l lea] ROOMOttiatien

MER VentilationExhaustTrash Room Ventilationkitchen Exhaust

luor Mot MER Ventilation SuPPIVElectrical Roomventilation

Greenheck

Greenneck

SIC E ArchitectsPage 22 of SI

1

TX-4711-1 31147141 Floor Toilet ExhaustSP-4-713,- 111471r" Floor Stair Pressurization

-2 31147r Floor Stair PressurizationSF -6044- 1 411601m1 Floor MER Ventilation Supply

/41601 FloorVI

Electrical Roomntilation

EF-60-14-1

4j jGOr Floor MER VentilationExhaust

EF404/-2

EF-6444•3 4:1160194 Floor Trash Room VentilationKX-604-1 4.11601" Floor Kitchen ExhaustSF-4141-1 45 (61)" Floor MER Ventilation SupplySP•614.5-1 4516115T Floor Stair PressurizationSP-6.14,i-2 43161157 Floor Stair PressurizationDU-61614 4516115T Floor Dryer Exhaustnt-644-1 45.1611sr Floor Toilet ExhaustEF §5A6111T Floor Electrical Room

VentilationF-64AA-2 4l61,1 Floor MER Ventilation

ExhaustSF-1741a-1 8,(74r Floor MER Ventilation Supply_

Electrical RoomVentilation

EF-7451-1 58. (74r Floor

EF-74*2 51174r Floor MER VentilationExhaust

E 51)A741T4 Floor Trash Room Ventilation10C-7414-1 511.174)r" Floor Kitchen ExhaustSF--162-1 5.9A75r Floor MER Ventilation SupplyEF-7652• I 21751'14 Floor Electrical Room

VentilationEF-4552-2 52175r Floor MER Ventilation

ExhaustDEX-7611-1 42,1751's Floor Dryer ExhaustTX--451-1 aL751" Floor Toilet ExhaustSF-892k-1 2LE1591" Floor MER Ventilation SupplyEF-8922-1 22189r Floor Electrical Room

VentilationEF-8922-2 22/89r11 Floor MER Ventilation

ExhaustEF-4921-3 Z21891Th Poor Trash Room Ventilation10C-8912-1 22.189r Floor

Z1(9017" FloorKitchen ExhaustMER Ventilation SupplySF-902A-1

SP-9041-1 23A901Th Floor Stair PressurizationSP-9021-2 a p o r floor Stair PressurizationDEK-9021-1 1.1190r Floor Dryer Exhaustrx-goza- zal9or Floor Toilet Exhaust

u p o r m Floor Electrical RoomVentilation

EF-9021,2 21190r Floor MER VentilationExhaust

SLCE A rchitects

TraneGreen heckGreenheckGreenheckGreen heck

Greenheck

GreenheckGreenheckGreenheckGreenheckGreenheckGreenheckTraneGreenheck

GreenheckGreenheck

Gree-nheck

GreenheckGreenheckGreenheckGreenheck

Greenheck

GreenheckTraneGreenheckGreenheck

Greenheck

GreenheckGreenheckGreenheckGreenheckGreenheckGreenheckTrane

Greenheck

Greenheck

AFaEIC1E1BSOQE4112

BSQ

BSQQE1MCICiElQEIBSQAF&Wail

BSQ

BSOti1E-Ilaca

BSQ

BSQQEIBSQgs

BSQ

BSQAF

B S Q01E4=1

BSQ

BSQQE1BSQQEIQEIBSQEC

SSODLI

EISQ

lont-

AHU

EF-96110-21TS--96-3sqL-96A11-12

SF -96/10--32.

EcSE-9711043

2111:1

5F-81-2

ELS.1 :2

AHU-SC-IAHU-2-1AHU,4-1AHU-2411-1AHU-24a-2

AHU-244-4

M I L A 4 U 4 - 4AN1J-1134

AHU4612-1

AHU--34Z-1

AHu-6112-1

SICE Architects

9 0 0 197r Floor

96130 (971" Floor

-967"-F;oo96a0 19711" Floor

%BO f9r7r1 Floor

ta1971rs ROO(

tr.:1141

8 1 l 2 8 V l a l c a t

Alas. ry_Ebna., r

al (981' Floo

Sub Cellar 223 Floor12r" Floor

mU-2,11(141 4 6 1 0 (181' Poor2712J2DIN Floor49th-fleet321,7 (31P'Floor

641011125)124.Fl )or

Electrical-Rai:owV O LEataiimElectrical RoomVentilationMER-Ventilation-SuptalyElectrical RoomVentilation

g r a t a l i d l i r t i l f i L l i t a t i t i l l i W k W M I ISF-94a241 9 6 , 1 ) 4 9 2 1 T h Floor Electrical Room

VentilationME-RglectricatROOrnVentilation-SoppfyMER VentilationEichaustSuPlaVgliamgcsanYis.JJAAPhtchillcodam %/mt.kulaNbiusgatatim.E g l i =Miller Room Ventfta/111111

SC MER Supplylg Floor lobby SupplyClub Unit- lounge

141i 115)7' Floor C l u b Unit- Conference44,S 115P% Floor C l u b Unit Exercise

Club421111117 Floor A m e n i t y - Dining

12g-i1-512' Floor A M e n ty - KitchenP 1 1 1 1 1 1 1 1 1 1 1 J r . - - - 4 - 8 M 4 4 4 1 0 0 F o l f k e

lgthlgoof •26'"-Floot1011+eeAHU-2-31Q42 1 6 1 0 118r- Floor C l u b Unit- SPA

Club Unit - PoolElevator Mach Rm.491s,Condo OA supply

AHLI-461Q-1 3 0 0 6 r Floor C o n d o corridor supplyA l i b i - 1 r -_ I ,31 1471!K Floor I 220/2SlidSlitall 4---AHu-4-741,a-1 4 4 ' 4 5 (FM" C o n d o On supply

FloorCondo OA supply

Gliet10-0A-supittiliCondo OA supply

Green hetk

Greenheck

Gfeeolle€44 1 _ C414Green heck

finals:ItGreenheck

Greenheck

Greenheck

reenhecli

§ 1 0 P n h t a

C M : g a l l e d

2 L e g a l l t C k

TraneTraneTraneTraneTrane

Trane

Trane

;tone l E rTian.

TranekaileDextronTranePane'Trane

TranelongTrane

Trane

TraneTone

AF-SWagl

AFSW

AFSW

AFSW

clE46151&

QEI

M-SeriesM -SeriesM-SeriesM-SeriesM-Series

M-Series

M -SeriesM-Se•Fles14,SeciesM-SeriesMI25-SeriesM-SerlesAol-SedesM-Series

M-SeriesfilbinhoM-Series

M-Series

/44-SerlesM-Series

Page 24 of 6,1

AC

HV

AC-2-1AC-2-2AC-4-1

2. P i P I N G , INSULATION

GAS SUPPLY

1. T Y P E :

2 M E T E R S :

HV-2-1a•1

14V-264HV-96-1

SLCE Architects

2 " Floor2 " Floor41.° Floor

2 " Floor RetailFloor Retail

41" Floor Retail

MER Ventilation

Kitchen Make-UpMR-Ventilation

Trafte S C V 4 1 4 1 1 4 1 0 tTrane S O N T - s S e i t t e s

SOW-S*4W

Wane M . S e r i e s

Trane

TriMea l 1 5 r Floor

2.64141oor961)*-F1eet M t i l l e Ve n t i l a t ; 0 0 P a n e

M

Public areas, lobbies, health club, residential corridors and entrances will be NelyiNi byAir Handling Units with hot water healing coils, perimeter area will he tupplied with VAVboxes and reheat coils or fin tube radiators or electric baseboards.

The Residential Restaurant at the 12th floor shall be heated via Air Handling equipmentwith steam coils. The steam shall be sub metered separately from the lost ot ttlebuilding.

Public stair bulkhead and other miscellaneous common areas requirins heat dui in thewinter season are heated with electric resistant type heaters or lin tube radiatots

Garage Unit will be provided with heat via reheat coils for heat loss due to trairanissionthrough the wall and garage entrance,

Schedule 40 steel and/or copper tubing with standard weig,ht fittings will be used. HOtwater, chilled water and steam piping is insulated

Ductwork to be provided with Insulation as required the insulation shall be glass ribelwith 0.75 pcf (12 kg/crn2) with FSK face, F5K-faced fibrous glass duct wrap insulationhaving a k-value of .28 Btualn/(hoft2acF).

Operation and Maintenance manual shall b e provided t o the condominiummanagement including operating personnel training as required on 1.petificirtiorm

Air and water balancing report shall be provided at the completion of the construction

tow pressure gas service will enter the building at SG street. The Kin will vtipliNapartment cooking ranges, fireplaces, and Residential Restaurant kitchen cooking.

Pogo 2,5i

111

3. P I P I N G MATERIALS:

M. _ N B cgalPITICIN I NG

TYPE OF SYSTEM:

SLCE Architects

One meter located on the cellar floor will be provided tor resrclentcv.Ne,kIngfireplaces. The commercial kitchen, located on the 12° floor. will beDrO1.ed ' i hseparate meter located on the cellar

Black steel Schedule 40 pipe with malleable fittings.

Four (4) Pipe Fan Coil. T h e Fan Coil Units shall be manaactured • IntemativviaiEnvironmental (or equal) 110 volts, 1 Ph, 6014z, as follOws:a. Vertical Closet Units shall be 1 4 1 : 1 - 1 4 N A P O N A I - M o t i e l l e tb. Horizontal Hideaway Ceiling Units shall be liNTERUAIIONA4-Mooehntemationaimead HPY

2. C O O L I N G PLANT SYSTEM:(i) Apartment low rise and Amenity spaces (level Sub Cellar— Sin rvotittit slintrot

consists of:

Two (2) one (1) cell (one as stand by), 1150 Ton open cooling tower located at theroof of the Park Avenue Pavilion. Tower shall be provided with plUTIV ALN4IC4110111and ultra low noise fans. The Cooling Towel shall be manufactured by Marley (orequal) Cooling Tower is capable of handling complete building coohng loads underconditions of New York State Energy Code.

Two (2) (one as stand by), 1150 Ton centrifugal chillers located on the roof Of thePark Avenue Pavilion. The chillers shall be manufactured by York (or equal) t h echillers are capable of handling complete building cooling loads under conditions eiNew York State Energy Code

Four (4) vertical In line centrifugal pumps located at 4'11 floor Retail ktERprovided; two (2) Primary Chilled one (1) standby each at 1970 GPM. t w o (21Condenser Water one (1) Standby each at 2300 GPM,

Two (2) (one as stand by) plate and frame heat exchange( for secondary chilledwater located at the 32w° floor, and related two (2) (one as stand by) WI tical in InCentrifugal pumps located at the 31" floor MER• Plate and frame heat exchangermain use for system pressure break.

CoolIng plant system is based on peak -bulk coohne load for the residential areasof the Building in accordance with ASHRAE Guide recommendations

(II) Apartment hi rise f levels 60-4/11 cooling system consists of:

Iwo (2) one (1) cell (one as stand by). 145014Qg Ton open cooling tower located atthe Kr:Kusag floor roof. Tower shall he standard type. The Cooling tower %hall bemanufactured by Marley (or equal) Cooling Tower IS capable of tumult% completebuilding cooling loads under conditions of NYS Energy Code

N. n r i E n t i g i O N

SLC E Architects

Two (2) (one as stand by), -1-1-501.(20 Ton centrifugal thaws loca:ed on the97'21Ih floor MER. The chillers shall be manufactured by Y t (or m y * 'Nechillers are capable of handling complete building cootirg loads %inlet OWNSICIDIRS 01NYS Energy Code

Four (4) vertical in hne centrifugal pumps located at.,•••N-Z•Js ftior ktUt are grovide&two (2) Primary Chilled one (1) standby each at 49-7-01...1 G P M . two (2) Ci,lide-sn-Water one (1) Standby each at 23002AQ GPM.

Two (2) (one as stand by) plate and frame heat exchanger for w e e d i e r ciluStN2water located at S.I325th floor, and related two (2) lone as staid bir! %kartiCal r teNtcentrifugal pumps located at 5..724th floor MER. Platt arid fTarne •bw•at exesaillyrmain use for system pressure break.

Cooling plant system is based on peak -bulk* cooling load for the resiClealld ambof the Building in accordance with ASHRAE Guide recornmeridabiOrts..

(III) Retail spaces cooling system consist oil

One (1) one (1) cell 400gia Ton open cooling tower located at the n) t eNt PartAvenue Pavilion, tower shall be provided with plurne abatement and isiltra boisnoise fans, The Cooling Tower shall be manufactured by Marley tor equal) Corak-gTower is capable of handling complete building cooling icia& under oanditionsNYS Energy Code.

• I L • • • • • •• • • • • •provided: two_(21Conclencter water t u n s ere M i t l - a t h

(iv) Individual units:Individual units are designed to meet all requirements of NY State Enemy Cc,de.

HVAC units will provide Air Conditioning for the mam entrance n i e v a t e rmachine rooms telephone r00111-c, etc with chilled water coil

Residential Units will be provided with four-pipe fan coil uncts ofca,..-mot*es shownon plans, Numbers of units of each type are shown on ntard, EIR rabnes meetrequirements of The New York State Energy Code dated 2 0 M r a n Cod uni•tssized for the calculated individual peak cooling requirements. Each fan cog unit wabe thermostatically controlled.

Cooling and heating of corridor ventilation air will be premyded bv ( M e d u•atvcooled air conditioning units with steam

1. RES1DENTiAt. KITCHENSResidential kitchens will be ventilated with a geneigal-ipntrat k.tilte_extiauNt weetitationsystem rated by manufacturer as exhausting ISO cubic feet of air m i n u t e from ir4klei

1

2. RESIDENTIAL RESTAURANT KITCHEN:The Residential Restaurant Kitchen will be ventilated with an exhaust ventilation system.leith electric precipitator.

3. R E S I D E N T I A L BATHROOMS:Residential bathrooms will be ventilated with an exhaust ventilation system exhausting100 cubic feet of air per minute from master bathrooms and SO cubic feet of air perminute from secondary bathrooms and powder rooms.

4. NON-RESIDENTIAL BATHROOMS:Interior non-residential bathrooms located at First Floor, Cellar and Sub-Cellar will beventilated with an exhaust ventilation system rated-be-the-manolocturef as exhaustingSO2ft cubic feet of air per minute for each water doseuLialikt

S. L O C K E R ROOMS:

6. P U B L I C CORRIDORS1 Interior corridors are provided with heating and air-conditioned supply air at 0.5 cubicfeet of air per square foot. This Is in accordance with code requirements.

RESIDENTIAL UNITS LAUNDRY:individual washer/dryers are provided in Residential Units. Dryers will be exhausted to a

The dryer capacity is approximately 200C-FM cubic feet o r

=Mae-

8. C E N T R A L LAUNDRY ROOM.Individual commercial quality washer/dryers are provided to serve a central laundry forthe use of Residential Unit owners located in the building sub-cellar level. The dryerswill be ventilated with an exhaust ventilation system exhausting 600 cubic feet of air perminute.

9, T R A S H ROOM:

10. G A S METER ROOM:

It. R E S I D E N T I A L FRESH / MAKE-UP AIR:The amount of makeup air per Residential Unit shall be wxgQ% of the total amount of airbeing exhausted per Residential Unit. Make us air will be distributed to all habitable

atlx_vaalelmstra.12. A C O U S T I C A L CRITERIA:

Apartment. N C - 3 5

SLCE Architects

kitchen. Kitchens wtth-rangeltalate hoods shalt-be--c-oripected--io-a-selloaf,ate-lewrivet-system-rated by manufacturer as exhausting 100%21 cubic feet of air per minute fromeach kitchen.

Locker rooms will be ventilated with exhaust ventilation capable oi exhausting 7415cubic feet of air per minute per cooresqua re foot minimum.

common exhaust riser.

Trash rooms will be ventilated with an exhaust ventilation system rated-be-marieforrita-fer-at 4r008la cubic feet of air per minute per room.

Gas meter room will be vented to the outside

••• U . o • e l I • l • • • I 1 1 • 4 i , 101

Page 28 of $1

SLC E Architects

a of Apartments A2iI v a

Calculated Demand Loadper Apartment

Panel Capacity inAmperes

Main CircuitBreaker Size in

Amperes

42 per floor 211:11alit

l a u l a Mips @ 208 volt1 Ph

.0.7.401121B-20-Y2ILM_

202200

iso2all

32 per floor zratZLC

4114171 Amos 0 208 Voltlab

A g Amps @ 208 Volt 1 Ph

M I200

1602211MD

2 per floor

ter float

ZIA) :

3,Lei3.616

LaitilAB&

: 1

u n k a Amps @ 208 Volt1 Ph

122.11m21.22anallitLautnja_a_zatlysauxi1 iii • I t e ; , t 1 • a

200 200

21211 U ral l2D1/

11111111252212Mg

3 DOt float 1,62 Ansns p 208 Volt 1 Pit111ACHLSR-208att-1-th

! i : • r.:•1. I . ; , I

242 M t

2 e r t a _ _ _ _ _ L I L A1 per floor

12ballidagn.legl

l i t 144155 Amps @ 208 Volt3 Ph

200 I S O =

Studio 1 Afrin 0 208 Volt 'Ph lag 1 bum LUGS ()NIX

• Distribution Switch t12-8, Distribution Panelboard HP-8.• Distribution Switch 112-8, Distribution Panelboard HP-10.• Distribution Switch #2-8, Distribution Panelboard HP-13.• Distribution Switch a2•8, Distribution Panelboard HOP-SC2-1.

(iii) ( 2 ) Two Residential Unit distribution centers are provided for each 12 floors ofresidential occupancy.

Residential Unit distribution centers located on mechanical floors throughout thetower will provide electronically sub metered, single phase, 208 volt feeders tothe individual apartments. where single apartments occupy an entire floor, theseapartments shall be provided with 3 phase, 208 Volt power. Residential Unitfeeders and electrical panel boards will vary in size based on unit square footage,load and length of feeder t o compensate for voltage drop). The NationalElectrical Code (2008) with New York City Amendments will be used to size theelectrical equipment and feeders and will take into account all normal ResidentialUnit loads as well as specific appliances provided in the Residential Unit such aswashing machines, clothes dryers. dishwashers, microwaves, etc.

a. I t is expected that the various Residential Unit panel boards will range incapacity from 100 Amp to 200 Amp at 120/208 Volt single phase, 60 Hzpower. larger Residential Units will be provided with 120/208 Volt 3phase, 4 wire 200 Amp service.

(r4

b. Switched ceiling outlets for lighting fixtures will be provided in bathrooms.foyers, large closets and kitchens. Three way switches will be provided incertain interior apartment corridors. Fixtures will be incandescent orfluorescent type In foyers, baths and kitchens.

Page 30 of Si

c. S w i t c h e d receptacles will be provided in rooms other than thosementioned in 'be' above to accommodate portable lamps and other types

of plug-in lighting.

d. Convenience Outletsoiglas will be provided per section 210, Part III of the2008 NEC with New York City Amendments. Ground fault receptacles willbe provided in all bathrooms, kitchens, and Residential Unit terrace. Alloutlets, other than those that are GM! protected, shall be connected to arcfault circuit breakers. Appliance receptacles will be provided in kitchens,dining rooms and other rooms where appliance locations have been

identified.

e. T a m p e r proof switches will be provided in child-play-aceasMideallalltl

f• W a t e r resistant receptacles will be provided for all exterior uses.

(vi) C l u b Unit will also be electronically sub-metered. Electric charges for Club Unitwill be evenlygmitortaasti billed to the residents on a monthly basis.

P. I fSEPHQNInaiNTILCOM A NO_SE.CURIEtSMEMS

Telephone services will enter the Building from East SW Street and be fed to atelephone service entrance room located in the Cellar level. I t will then be distributedthroughout the Building through risers and sleeves. Each Residential Unit will receivetelephone service to a closet within the unit.

The Building is to be provided with an intercom system linking the service entry areaswith the concierges desk_

Closed circuit television cameras will monitor selected entrances with viewing monitorsat the concierge's desk,

The cameras will be designed to cover the immediate area within view of the camerasand will not necessarily cover all of the area involved.

Wiring will be installed in each Residential Unit to enable the Unit Owner to obtaintelephone and cable television service at the Unit Owner's expense. In each ResidentialUnit outlets for cable Iv and telephone will be provided in the living room, bedroomand kitchen.

EVILKAREAla11011.6

SLCE Architects

The Building will not be equipped with a master television antenna system.

Page 31 of SI

1

R. CIAFACIE

tc.X.'APON Of GARAGE

2. N U M B E R OF SPACES

3. S U R FA C E S

4. P A M O N G

S. G A R A G E VENTILATIONThe garage will be mechanically ventilated to the exterior.

6. G A R A G E FIRE PROTECTIONA dry sprinkler system will be provided.

7. D R A I N A G E

S. S W I M M I N G POOL

Lighting will be ftimished to the public awn of the Building through fluorescent and/orincandescent tilktute% TYpical light limures will be manufacturers comparable toughtoiler.trt llaitco Or Lucifer

Garage will be located at Sub,Cellat 2It will be 4/tC(t't*d vta a car elevator. A truck elevator for the Loading Dock will doublea s.a back-up garage elevator for emergencies and vice versa,The Loading Dock and the Garage will the share maneuvering area next to the elevators.

The Garage Unit is presently zoned for accessory Parking for 4ibAZ Passenger vehicles,292 o f which are allocated to the residential occupants of the building and the other 17spaces will be for the employees of the commercial spaces.Two of the pationg spaces will be provided with the clearance required for vans forpeople with disabilities, these spaces will be designated with the international symbolsof accessibility signs prominently posted.

The floor will be concrete with the required waterproofing protection. N o striping orspecial parking signage will be provided because this will be a valet attended parking-

it signs will be provided in compliance with NYC Building Code.

The garage will be valet attended. The valet shall take control of and later return thevehicles at the First Floor drop off area. This area will comply with all requirements forpeople with disabilities.

Floor drains will be providedCar washing areas will not be provided,

No swimming pools will be provided as part of the Residential Condominium.There will be an interior swimming pool at the Health Club atjhe 16th floor.The approximate dimensions of the pool will be 75•4" long by 12%0P wide with a waterdepth of T h e pool will be constructed in stainless steel with ceramic tile interiorfinish,The pool mechanical system will use a commercial sand filter and a 5 HP pump rated at130GPM at 65 TDI-1. A heat exchanger will be used to heat the pool with the heat sourceprovided by the building mechanical system,

MINIS COURILAAYG WAIN Mand_RECREAllatirrACILIT1ES_

SIC E ArchitectsPage 32 of 51

1. T E p o r t S COURTS

PtAYCIRCONDS

oTHER RKREAroivi• FACILITIESa_ Residential Dining Room and TerraceA residential Dining Room and Terrace for the exclusive use of the residents of the

building will be located at the 12'1' floor. The restaurant will have a maximumcapacity for 74 people_and will be able to be divided into private dining rooms. Therestaurant kitchen will provide room service to the apartments.

a- Health ClubThe residents of the building will have access to the facilities of a club located at

floors ; 1 2 . 14u1 and -16'442.It will be a Spa Fitness Center facility. The Fitness Center will be fitted with cardiovascular and resistance machines. There will be a Pool, Sauna, Steam Room andmassage Room and locker rooms with toilets and showers for men and women.

The Fitness Center will be part of the Club Unit and the costs and expenses tooperate and maintain the facility will be billed to the Club Unit Owner.

& R A G E

SLCE .4rchitects

No tennis courts will be provided.

No playgrounds will be provided.

a. Resident's Storage ClosetThere will be 13 Residents Storage Closets located at Sub-Cellar 2 and 45 ResidentsStorage Closets at the Sub Cellar 1. The Resident StorageSlzeli will be licensed tothe budding Residents pursuant to licenses being offered by Sponsor. The costsand expenses to operate and maintain the Facility will be paid directly by the

licensees

a. W i n e CellarsThere will be Trii31 Wine Cellars located at Sub-Cellar 1 in a single room servicedby t w a t = (n ) HVAC units tenelyLo (121 on-line and one (1) stand-by) thatwill set both temperature and humidity and are controlled by one (1)thermostat. T h e Wine Cellars will be built out by a to-be determinedindependent company engaged by Sponsor. The temperature range for theroom containing the Wine Cellars shall be determined by the ResidentialBoard in consultation with such company. The Residential Board shall havethe authority to modify such temperature ranges in Its sole discretion. Thecurrent design for the climate of the room in which the Wine Cellars arelocated is S2-57 degrees Fahrenheit with a relative humidity of sixty percent(60%) to seventy percent (70%). AU wine and other beverages stored in aWine Cellar shall be at the licensee's sole risk. Nei ther Sponsor. theCondominium Board, the Residential Board, the Architect nor the ManagingAgents shall be liable for any spoilage caused by the failure of the HVAC or anyother causes whatsoever.

b- 134cvcie Storage

Page 33 of 61

U. EERMITSARDSERIELRCAIE5

FLOOR UNIT TYPE DESCRIPTION

28"' & 29th A 0 BEDROOM Uving/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28' & 29th B 0 BEDROOM Uving/ Dining Room/ Sleeping Area1 Bathroom, Kitchenette

281' & 29th C 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28'111 & 29th D 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom. Kitchenette

VIOLATIONS

W. U N I T INFORMATION

1. RESIDENTIAL UNIT INFORMATIONThere will be 144121 Residential Units

a. RESIDENPAL UNITS, wi TH TYPE AND NUMBER OF ROOMS

SLCE Architects

There will be a room at the Sub-Cellar containing space to store 8-1a bicycles Incompliance with NYC Zoning Resolutions, 7.4D, of which are allocated to theresidential occupants of the building and the other 7 spaces will be for theemployees of the commercial spaces.The bicycle storage will be free of charge for the building residents,—usage withukagg rights to-be-as-I3410c-atedas_clescribed in the Offering Plan.

The Sponsor will obtain all required permits and approvals from the New York CityDepartment of Buildings, the Fire Department, the Department of Transportation, theElevators Division, the Boiler Division, the Department of Environmental Protection andany other applicable Agency.As of this date the following permits have been obtained:Permit # 120E28776-0140 issued on 09/16/2011 by NYC Department of Buildings forNew Building- Foundation / EarthworkPermit #120628776-01 NM issued on 05/14/12 by NYC DOB.

Drawings will be filed with the Buildings Department to represent the current changes inthe stacking of the building and alterations to the layouts of the apartments.

See open violation list attached as Exhibit A

Page 34 of Si

S LC E Architects

28" & 29th 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28'1' & 29th F 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28" & 29th G 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28"' & 29th H 0 BEDROOM Living/ Dining RoomiSieeping Area,1 Bathroom, Kitchenette

28" & 29th 1 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28" & 29th K 0 BEDROOM Living/ Dining Room/ Steeping Area,1 Bathroom, Kitchenette

28' I. 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

29th 1. 0 BEDROOM Living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

28 M 2 BEDROOMSSUPER•INTENDENTS

APT

Living Room/ Dining Room, 2 Bedrooms,2 Bathrooms, Kitchen, W/D Closet, Foyer.

29th M 0 BEDROOM living/ Dining Room/ Sleeping Area,1 Bathroom, Kitchenette

29th N 0 BEDROOM Living/ Dining Room/ Sleeping Area1 Bathroom, Kitchenette

29th P 0 BEDROOM living/ Dining Room/ Sleeping Area.1 Bathroom, Kitchenette

34thr36.12.12thraer401*7-42";-44;11

A 2a BEDROOMS Living Room/ Dining Room, 21„ibram3 Bedrooms, - 2 g Bathrooms, Powder

Room, Kitchen, W/O-G1ocA4Launtimaowa,Foyer.

litithraeragthrtso*r4-2"44 to 37th

21 BEDROOMS Living Room/ Dining Room, 21 Bedrooms, - - - - 2 g Bathrooms, Powder

Room, Kitchen,. W/044esellunkaloom,Foyer.

Page 35 of Si

1

1

II

343fith to4SaisLISth C A

aileath 10-4-saagu9pb

4831th to-S34

And nth

4F4Qth to 634

S LC E Architects

AA

3-4BEDROOMS

A.1 BEDROOMS

Living Room/ Dining Room, 2Librarv..a Bedrooms, — 2 4 Bathrooms, Powder

Room, Kitchen,•WM-Closibt Laundry Room, Foyer.

living Room/ Dining Room,4-8othPoom

2 usir owns. 2 Bathrooms, Powder Room,Kitchen,

W/D Closet, Foyer,

Living Room/ Dining Room, 3Bedrooms, 4 Bathrooms, Powder

Boom Kitchen,W/D Closet, Foyer,

living Room/Dining Room, atibrarv,Bedrooms,--3 1Bathrooms, Powder

Room,Kitchen,

W/D4;losetbiwitimasum, Foyer.3 BEDROOMS L i v i n g Room/Dining Room,

3 Bedrooms, —34 Bathrooms,

Page 36 of 51

1Tr to flit.

§3rd and 84th

86,Zr to 88115.1.63rd an S4th

—9-141--to-45,24tn,86th andatc

21st to 96th

For the purposes of Marketing. the floor number thirteen and other floors have been excluded, while Constructionnecessitates a realistic numbering of floors that includes all numbers. Therefore, two different methods of numberingfloors exist, and are shown below:

Construction Floors M a r k e t i n g(Actual)

1234

6789101112131415161718192021

SIX E Architects

8A

-

4A BEDROOMS

12345

12141516181920

2-71128

_29303134353637

RoomKitchen,

l A t t i o s e t 1 S t a Foyer.Living Room/Dining Room, 4

3 Bedroom5.-6 aBathrooms. 4-Plowaer-ROOP

Kitchen.L a u f i d e l p e r .

tivmg RoomrlOin 1 ng Room. 6•-•. Bedrooms, --F-arn4y-Reomr7-1_

Bathrooms,42 Powder Roon4112,1=

Kitchen,Laundry Room, Foyer

Living Room, Dining Room. &Jimmy..Fam ilv Room.. Bedrooms;---61biapt, 7

Bathrooms.21 Powder Room. Kitchen..

taund-,, Room. Fove-•Roonsininre'ROorn„ Librarv.

fi Reslroorns 7 Bathroom'PfiWel0 Room- Kitchen

l a g a g a i t t a g g l a n i b a l .

AP

Page 37 i) f Si

1

75 9276 9377 94

78 9579 9680 9781 9882 9983 10084 101

SPACE

FoyerLiving RoomDining RoomBedroomsKitchen

Bathrooms

ClosetsWasher/dryer closet

SLCE Architects

Please note that all floor plans, apartment drawings, and other references to floors in this report will utilize the

marketing numbenng of floors.

FINISH SCHEDULE FOR TYPICAL APARTMENTS

FLOOR

Wood Floor •Wood Floor •Wood Floor •Wood Floor •Wood Floor 'orStone"Stone orCeramic Tile"

Wood Floor'CT

C. B AT H R O O M FIXTURES

BASE

WDWDWDWD

Stone orCeramic TileWD

••• Wails will receive a prime and two finished coats of paint

WALL

'The wood floor 1 • • • • - a • •two layers of 3/V-i)lywooti-at-ati-AesideAtiat-Uoits-extept-at44;e-apaitments-e0-floois4e'-a0c1-34r-that-will-be-pfevided—with—etifred—down—eogineered—weed—flooft. The Sponsor reserves the right to makesubstitutions to wood floor selection.

•• maintenance and cleaning of all stone by Residential Unit Owners should be done in accordance with therecommendations of the Marble Institute of America

GWB_Painted " 6GWB Painted*"

CEILING

GWB Pa in ted" G W B PaintedGWB Painted • " G W B PaintedGWB Pa in ted" G W B PaintedG M Pa in ted" G W B PaintedGWB Pa in ted" G W B Painted

Stone or Ceramic G W B PaintedTile or Paint"

GWB PaintedGWB Painted

'Standing water will cause cupping. swelling, and subsequent gapping. Relative humidity should be between35% and 65% to avoid excessive shrinkage, Cracking, swelling or cupping.

Subject to Sponsor's right to make substitutions as set forth in the Offering Plan, the Residential Units will beequipped with the following fixtures:

Page 39 of 61

11••• / . 41 • • ; ; C ' Z ' a

SLCE Architects

VEOREST

IARA 20713138I,

TARA 75 943 Sic.!TARA 35 944

11JAR II 35 910

I Tor, 21m12,2

Ot.k28 508TARA 76 403 RITARA 35 OBO

ILISA-35-121-

I1'R836419

ApARTIME NTS;2.461-1ZAj4131 37B2ALVAB40C / 44C48a/ 53Csitc / 52CDIA] 71A St 73ADM/ 71A & 73B

BILLAIAAM

APARIMENT5'111111_12Lt34B/ 37B

/ 39A40C / 44C48C / 53C54C / S9C64A/ 71A & 7311c l i g a a r a nr a / 8 1 E iM U Ml i l L U M A A S A224L2gh

Page 40 of 61

MASTtitBOOM

WI

P T LV.

lowAVR'tEUCEIS- 2.gAmula11.4.2LE TUB MNFR

StioWeliZONTRou

1110ALILLIBAIN

WALAisTg ipOSNBRACHT

KALDWE1ORLIIMMO

OW ER ULQ _1103,6.1f11MAN tl SHOWER DORNBRACHT

pORNIBACIII

1101SEIral

CaNCEALE D & l i a n a

ALAlaValL111

JA111111,am a u t i o g t i-Ct&III,Latagag_12QAIDLA

DORNRRACKI

CEN,TROTAB627181111.2.5-2112-

TARA 28 523 9-tTARA 26 4 a a ,TARA 35 080

litiaL36 416 91

113 7213001

APARTMENTS

ABB.L.in77A/B1ALIBILagi

MASIMEM= L I E

/ 39a

SLCE ArchitectsPage 41 of 51

1A 4 APARTMENTSfaiLL21.211nial2

2TH 40PCIRS ANQSECONDARY BATHR00141

wpm iu

gmaticam• a

SLCE Architects

WC

LAVATORYLAV. FAUCETS

TUB

a l y j a 0 1 5 _

OURAViTtalail HAPPY—DSAN_Balibl f ik0;014/000

VI LIEROY-&-BOCH 6 4 4 7 4 4 4 4DORN BRACHT T A R A 36 717 esz a r h p 4 7 4 n y 9 0

HOESCH

11P2Matil

CAPRI

Latiggatiga 2 3 6 2 f 1 - 4 0 1 1 2 2TAR4 214 4Srlit2

TAM 3S S17 WONlatILia.22Z1,06.1.U1122220I m u l a g a z

114,VAS•404,10-345

&Liana BUMELME I 211 Ittlatt

ANQ

Pagc a n

POWDER ROOM

SLCE Architects

15.0.11E3; A • 1 t • ;

- - - i 4 i 6 4 4 0 1 ) 4 6 R I A V •FAUCETS

_ _ W A V A # W 1HAND SKOWE.B

attO)VERCONTROU

DORNBFLACHT

LlattilIPAZE12i:LBWMAX.1

DORNIIII6C14I

DORAV412.1c2WCCONCEAL Et

• •

LAVATORYLAV FAUCETS

GERBERIT

CUSTOMDORNBRACHT 1 1 ARA..a2;i1BAI

C-AROACOUA C73•1,8F

311CLUIC421.1-4-L-1•41,11.51A41:LalL

a, a

VARTMENTSgxrEPT IlintANQa n d S Z a l dAWL4sa 5_3arAi slA

8L1,4A0-166.D9

33-s0c162-6-06

1-1Rpoms._•=0.2,-8-Palld22112

BATH TUB M E R U &

SHOWER 4rADHAND_ sligwER Z f i t i g u g a l

AT

pW, FAUCETS = M A I O / A R A 36 717 tazmakzicturalCAMBRIDGE011

1oa2 ,6 403 S9ZTARA Wit 450 662.AFIA 3S Ng Aill9Qi : 4 ; •

utrauumat. ibutimalutgslistRots

TARA 35 517 970 tloctTARA 36 416 797

-6-

Page 43 of SI

KrtastN APPLAKIS

sublect to Sponsor' t e t to ?woe substatotiofis as tet forth in the °tiering PiAfl, the Itositientoat Units Itnli

tquapped *etti thetoRovArti Appliances,

A a l l a t T r Z U J I M - I L I a ldiALLAS:S Q L =1116.albAskulA111-01.1aa1ULMApartments ;RR I K•7_ Kcs 1 0 _ K i l l

/ 171,411111115= L i m40—k 4441

t a e l l r a i L L Z A

k i j u D A L L I B1/3 R1A 1 R 4 4

,if;;, AL vAL

SLCE Architects

MANUFACTURER D E S C R I P T I O N

EPUO-IreSICKA T I I R G C O

pow IRWASS

UN4TAPARTMEt4J

. • ,r1.11WP"11,_—mg , • t .•

faaL1-1-1.MULLS-XJ-1-

111_Ga4;04PCW-410,./1./.11-k22.11126-ELLILL-L-G g l i i S d k a t&hilif.Lass

l'agc 44 of 61

SLCE Architects

MIELE

DA3490

LS5-202_,• • • • • • • • - • -

A i w a _anatalraidUlli11111LatWWII;

111111.8.11..CJILL

Z2,1111L11.4.9.1.1.

v.k44442A.11

NhaK044.42414

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2AA L C D

3ILLLILCILLI.

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NISLIMISIONL_gool.efomahlAngunitatuti

I,trnI?nt I I

Palm 45 of SI

litifb•sigagtWAsstAtoseFER

SI NI(

t At ICE TSENICErt

, LAMM% y a m s

FAUi2,15

DMENSIONIQUIAMin5

S I X E Architects

1.441111111

FRANKE

DIME

FRANU

WA TERWARI4D,(2,1.1PRNBRATVT

REGAITAMUS111

1 1 1 1 3 1 6 1 . —7 8 970

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l y E - -W4O4OOcW3033-49800T804-3C-01W1034344.4#Ro(460251,11.r.1.1.1cutUALI,22AILL-12-1-1.culuse_te.. me N3a Mtillarmanteimp

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laitaMICH. m A c L A S S I C t A n a r t m e n t s , # ; 1 4

• - - • - • • • • • • • - . 4 1 1 1

11.117WRit138

The approximate area of each Residential Unit and of each Office will consist of thearea measured horizontally from the exterior side of the exterior wall (columns.mechanical. pipes. shafts. shaftways, chases, chaseways and conduits are notdeducted From measurement of each Unit) to the centerline of the partitions orconcrete walls separating one Unit from another Unit or separating one Unit fromthe corridor, stairs, elevators and other mechanical equipment spaces or anyCommon Elements not within a Unit Otto the exterior side of the opposite exteriorwall_ Each Unit consists of the area measured vertically from the top of the floor(located under the finished flooring and sub•flooring materials) to the underside ofthe cei-iffiftcorigAte >lab a y e .

Page 46 of Si

SLCE A rchitects

Each Storage Closet and Wine Cellar will consist of the area measured honzontallyfrom the innermost face of the foundation wall to the centerline of the partitionsseparating one unit from another unit or one unit from the common elements.Columns, mechanical pipes and shafts are not deducted for the purpose of floor area

measurements

Each Storage Closet and each Wine Cellar will consist of a volume measured verticallyfrom the top of the concrete floor to the underside of the storage enclosure exceptthat any common elements located within any unit shall be considered as part of

that unit.

The interior room dimensions shown on the Floor Plans for the bedrooms, livingrooms, dining rooms, kitchens and other rooms of the Residential Units as well as theOffices and the rooms of the Health Club as shown in Exhibit 7 in Part II of the Planare only approximate and are measured horizontally from the interior face of thesheetrock on the wail on one side of the room to the interior side face of thesheetrock on the opposite wall or to the interior face of glass. Space occupied byfinishes and window surround • • • • • • • • n o t takenInto consideration in such stated dimensions and will reduce the usable square

footage of such rooms-

The Interior room dimensions shown on the Floor Plans for the bathrooms of theResidential Units as shown in Exhibit 7 in Part Ii of the Plan are only approximate andare measured horizontally from the interior bathroom-side face of the sheetrock onthe wall on one side of the bathroom to the interior bathroom-side face of thesheetrock on the opposite wail. Space occupied by the fixtures and finishes Installedon the bathroom walls and floors is not taken into consideration in such stateddimensions and will reduce the usable square footage of such rooms-

The dimensions shown on the Floor Plans for the closets In the Residential Units asshown in Exhibit 7 in Part II of the Plan are only approximate and are measuredhorizontally from the interior closet-side face of the sheetrock on the wall on oneside of the closet to the Interior closet-side face of the sheetrock on the oppositewall (or closet door, as the case may be). Such dimensions may vary based on actualconstruction conditions as the precise layout of each closet is anticipated to bemodified during the construction process to accommodate the placement o fmechanical equipment and structural elements within the walls adjacent to theclosets. No such variation shall give rise to any right of rescission, reduction In priceor other credit or concession to Purchasers.

All dimensions are approximate and subject to normal construction variances andtolerances. DiMetISIOrIS are maximum overall within a room or space. subtracting

CutOULS.

The Sponsor reserves the right to make changes due to unforeseen conditions, Inaccordance with the Offering Plan.

Except in certain areas with dropped ceilings and soffits, the finished floor-to-ceilingheights of the residential levels are approximately 12-0'

Finished floor to ceiling heights at bathrooms, kitchens, halls and public corridors atthe Residential Units floors are approximately 10'-0-

• • • Wails will receive a prime and two finished coats of paint

1).5, BATHROOM FIXTURES FOR TYPICAL OFFICES

Subject to Sponsor's right to make substitutions as set forth in the Offering Plan, the Office Units will be

equipped with the following fixtures:

ABB ftENAPLO NSIDILEINESHES

SLCE Architects

WOWDCeramic TileWD

GWB Painted •GWB Painted • "GWB Painted • • •GWB Painted' •

AT A C O U S T I C A L TILECMU C O N C R E T E MASONRY UNITCT C E R A M I C TILECPT C A R P E TCONC C O N C R E T EDP D U S T P R O O F I N G AND HARDENERDE D E C K ENAMELGT G R A N I T E TILEGWB G Y P S U M WALLBOARDHC H U N G CEILINGK K A D E XL L I M E S T O N ELWP L I Q U I D WATERPROOFINGMT M A R B L E TILEPAP M E T A L PANP P A I N TPOR P O R C E L I NQT Q U A R R Y TILESP S P R A Y PAINTST S T U C C OT T I L ETCP T E X T U R E D CEILING PAINTTER T E R R A Z OV V I N Y Lvcr V I N Y L COMPOSITION TILE

GWB PaintedGWB PaintedGWB PaintedGWB Painted

Page 49 of $.1.

SAILJY_MIP_WARRING DEVICE3ARE ALARM AND SMOKE DETECTING DEVICES

L F i r e Alarm:

Sign before me this d a y

of

NOTARY PUBLIC

S LC E Architects

VWCGWBWRWB

WO

Gloria B. Glas,

201

VINYL WALL COVERINGGYPSUM WALL BOARDWATER RESISTANT GYPSUMWOOD

The building will be provided with a fire standpipe, sprinkler, smoke detection, andtelephone and signaling systems. These systems will comply with the requirements ofNew York City Building Code.

2 Apartment Smoke and Carbon Monoxide:Each apartment is provided with a hard-wired localkkonex+de—Detec-tfoci carbonmonoxide detection System: smoke and carbon monoxide detection device located inthe vicinity of the bedrooms as per NYC Building Code. The detector will be wired to a120-volt local power supply and will be self-contained with its own sounding device.

3. Firehne Telephone System:The building will be provided with a MEA approved voice communication system.System will meet the requirements of NYC Building Code, (Technical Policy andProcedure Notice N3/03)

Pap SO of $I

[Updated Certification of Sponsor's Architect on next page]

_I _ I 1 - - . - _

4

Exhibit K-3

1 I- I • . I I - w - ,

Iptdearelis Yolk, 'yr t3cut14,0440 ttiteAffeet•VV-1117 eirktova aveaniam430.i“aarl• son

Ply Yo I S AaBoi Donodimet_

Ft Ram ALI— J LAndiumalact..A1.4am-a. S A L Eg•-•• d r i 4

:osambamoiNow Clonhio, AL4EJ11111 DeltiLlitA

SLCEArchitects, LLPCERTIFICATION OF SPONSOR'S ARCHITECT

PURSUANT TO SECTION 20.41(e) OF THE REGULATIONS ISSUEDPURSUANT TO GENERAL BUSINESS LAW, ARTICLE 23-A, AS AMENDI:D

June 16, 2013

New York State Department of Law120 BroadwayNew York, New York 10271Attn: Real Estate Finance Bureau

Re: 432. PARK CONDOMINIUM432 Park Avenue New York New York 100 6

The undersigned, a licensed architect in the State of New York. hereby certifies asfollows:The sponsor of the condominium offering plan for the captioned property (the-Pr)penv") retained our firm to prepare a report describing the construction of theProperty (the -Report"). W e have examined the building plans and specifications.dated as of 10/25/11, that were prepared by SLCE, Architects LLP and wereapproved by the New York City Department of Buildings on May 09, 2012, whichbuilding plans and specifications were amended by an amendment approved by theNew York City Department of Buildings on June 27, 2012. Further. We haveprepared the Report, dated as of June 19, 2012, a copy of which is intended to beincorporated into the offering plan so that prospective Purchasers may rely on theReport.We understand that we arc responsible for complying wiih Article 23-A of theGeneral Business Law and the regulations promulgated by the Department of Law inPart 20 insofar as they are applicable to this Report.

We have read the entire Report and investigated the facts set forth in the Report andthe facts underlying it with due diligence in order to form a basis for thiscertification. This certification is made for the benefit of all persons to whom thisoffer is made.

We certify that the Report:scts forth in narrative form the description and/or physical condition of the

entire Property as it will exist upon completion of the construction, provided theconstruction is in accordance with the plans andSf)CeillCaliOlIS that we examined;

in our professional opinion affords potential investors, purchast.Ts andParticipants an adequate basis upon which to found their judgment concerning the

description and/or physical condition of the Property as it will exist upon completionof the constmction, provided that the construction is in accordance with the plansand specifications that we examined:

(iii) d o e s not omit any material fact:

(iv) d o e s not contain any untrue statement of a material fact;

(v) d o e s not contain any fraud, deception, concealment, or suppression:

(vi) d o e s not contain any promise or representation as to the future which isbeyond reasonable expectation or unwarranted by existing circumstances:

(vii) d o e s not contain any representation or statement which is false, where we:(a) knew the truth; (b) with reasonable effort could have known the truth; (c) madeno reasonable effort to ascertain the truth; or (d) did not have knowledge concerningthe representation or statement made.

We further certify that we are not owned or controlled by and have no beneficialinterest in the sponsor and that our compensation for preparing this Report is notcontingent on the conversion of the Property to a condominium or on theprofitability or price of the offering. This statement is not intended as a guarantee orwarranty of the physical condition of the Property.

By-.Name: loria 13. Glas

_ 1 T i t l e : Partnerr§yom to befo m e thisrj!day of 2 0 13

Notary Public

SLCE ARCHITECTS, LLP

SHERRY LYNN EVNoisy Pubic, Stale ct Not York

No. 0186113413Qualified in New York

CCOMISSiOn EgAres JulyCaule

Exhibit

[Revised form of Purchase Agreement on next page'

RCIIASE AGREEMENT

Sponsor/Seller

Unit Number432 Park Condominium

432 Park AvenueNew York. New York 10022

Purchnscr(s)

with

56th and Park (NY) Owner, JAC,

PtIttt I I %NE •MA41.'1 N1F.744 11 NI I NO.

432 Park -unduminium412 Park As enue

Ness York. \est Vials 10022

(to he executed in quintuphcatel

P1:1WHASIf. MAU-I-MUNI (this "Aggstiagei, made as of the _ d a y of20_, bemeen 56th and Park (NY) Owner, I IC. a Delaware limited

liability company. having an oftice at 515 Nladison Avenue. .1 111 N o m New York, New York10022 (hereinafter. iponsor, and

having an atkirms at ( h e r e i n a f t e r . "Enistasex").

WITNESSET11:

1. Defiratinns. Tenns used in this Agreement and not othcrwisc defined herein shallhase the meanings Al forth in the Offering Plan for the 432 Park Condominium (such plmt,together with any iunendments thereto filed prior to the date hereof. is hereinafter referred to itsthe

The unit. Sponsor hereby agrees to sell to Purchaser and Purchaser hereby agreesto acquire from Sponsor condominium Unit No ( t h e "Vni.1") at the Condominium (asdesignated in the Declaration) (also being known and designated as flock 1292, Lot o n thefax Map Of the City of New York), together with the undivided % interest in the CommonElements appurtenant to such Unit, upon and subject to the terms and conditions set forth herein.The land upon which the Condominium is located is as described on &,1KlialsA annexed hereto.

3.Purchosic Pricy.3.1 T h e purchase price for the Unit (the -Purchase_ raw") is S

payable 13 follows:

(a) S ( t h e 1nni1Ill)cms.11"). due upon the signing andsubmitting of this Agreement, receipt of which (sub)cci to collection) is hereby acknowkdged,

03) t i t l e -Additionitativilic; she term 'Veliolt", as usedbefell's. refer; to both the Initial 1)eposit And, if the sante has been paid at the time in question. theAdditional Deposit). duc upon thc earlia to occur of: (i) ( t h e date which is four (4)mornh i1Icr the date al this Agreement); or (ii) fifteen (15) days after Sponmot serves Purchaserwith written notice of an amendment declaring the Plan effective, hut in 110 event later than thc

2

closing of title. subject to collection: provided. hOWeVeL that if this Agre•ement is entered intoafter the Plan has been declared effective. Sponsor reserves the right to require both the InitialDeposit and the Additional Deposit due and payable upon execution of this A0.'011011.; and

(c) S ( t h e "Bahmee"\ constituting the hakmce o f thePurchase Price, at the closing as hereinafter provided.

3.2 A l l checks shall represent United States curreno be drawn on or issuedby a New York bank which is a member of the New York Clearing I louse Association and shallbe unendomd. Checks for the Deposit shall be Purchaser's good cheek(s) or. at Sponsoroption. Purchaser's certified check(s) or an official bank cheats). made payable to the directorder of "Kramer Levin Naftalis & Frankel UP. as esen)w agent". The check or checks for theBalance and all other sums due Sponsor pursuant to this Agreement shall be good certified checkof Purchaser or official bank or cashier's check, made payable to the direct order of "56th andPark (NY) Owner, ILC" (or such other party as Sponsor directs to Purchaser, in writing, prior tothe date of closing of title). I f any cheek is returned. dishonored or fails collection forinsufficient funds or for any other reason. the Escrow Agent is authorized to deliver such checkto Sponsor and Sponsor will have the choice of remedies set forth in the Plan and in thisAgreement with respect to an Event of Default (which shall include suing on such dishonoredcheck or (at Sponsor's option) canceling this Agreement and returning the instrument toPurchaser without affording Purchaser a grace period to cure such default).

4. D e p o s i t4.1 P r i o r to or concurrent with execution hereof and payment by Purchaser of

the Initial Deposit, Purchaser. Sponsor and Escrow Agent will enter into the "Escrow Rider"annexed to this Agreement, The Escrow Rider must be executed by Sponsor. Purchaser. andEscrow Agent.

4,2 T h e provisions of paragraphs 3-6 of the l'scrow Rider annexed hereto areincorporated herein by reference.

4.3 Sponsor is required by law to submit a Form 1090 to the Internal RevenueService reporting any interest earned on the Deposit. if any. Purchaser will be taxed accordinglyon such interest, whether or not Purchaser ultimately receives the interest in accordance with theterms of this Article or Ankle 8.

Closnt Date P i a5.1 T h e closing Of litIC shall be held at the offices of Sponsor (or such other

place in the City and State of New York as Sponsor may designate to Purchaser) and on suchdate and how as Sponsor may designate to PtirellaSCr on not less than thirty (30) days' priornotice. Sponsor may. from time to time, adjourn such date and hour upon reasonable prior noticeto Purehawr, which notice shall fix a new dale (and hour and place, if appropriate) for thcclosing of title (but in no event may Sponsor adjourn the date origimilly set for a closing, onceset for more than twelve months in the aggregate without the consent of Purchaser).

;

5.2 Whenever used herein, the terms "Closing Date" or "closing of title" orwords of similar import shall mean the date on which the deed to the Unit is delivered toPurchaser.

6. Delivery of Deed and Power of Attorney,

6.1 A t the closing of title, Sponsor shall deliver to Purchaser a bargain andsale deed with covenant against grantor's acts conveying fee simple title to the Unit to Purchaser.subject only to thc liens, encumbrances and title conditions set forth on Schedule B annexedhereto and made a part hereof. Sponsor shall prepare the deed, which shall be substantially inthe form set forth in Exhibit 4 (in connection with thc purchase of a Residential Unit) or Exhibit5 (in connection with the purchase of an Office Unit) in Part II of the Plan, and Sponsor andPurchaser shall execute the deed and have the same acknowledged, in form for recording.

6.2 A l the closing of title. Purchaser shall execute and acknowledge a [wooerof attorney to: (a) the Condominium Board. Residential Board and Sponsor in connection withthe purchase of a Residential Unit, or (b) the Condominium Board. Commercial Board andSponsor in connection with the purchase o f an Office Unit, prepared by Sponsor andsubstantially in the forms set forth as Exhibit 2 and Exhibit 3 in Part II of ihe Plan, respectively.

6.3 T h e executed deed and power of attorney shall be delivered to therepresentative of the title company insuring Purchaser's title tor if no such representative ispresent, then to Sponsor's attorney) for recording in the City Register's Office, which recordingshall be at Purchaser's expense. Alter being recorded: (i) the deed shall be returned toPurchaser; and (ii) the power of attorney in favor of the Boards and Sponsor shall be returned tothe Residential Board (in connection with the purchase of a Residential Unit) or thcCondominium Board (in connection with the purchase of an (Moe Unit) (or as such Boardsshall direct).

6.4 Purchaser's payment of the Balance and acceptance of the deed to the Unitshall constitute Purchaser's recognition that Sponsor has fully and satisfactorily performed thoseobligations stated in the Plan and/or this Agreement to be performed by Sponsor prior to closing.However. nothing herein contained shall excuse Sponsor from performing thosc obligations (ifany) expressly stated herein or in the Plan to be performed subsequent to the closing, and nothingherein shall be in derogation of the rights of purchasers under Article 23-A of the GeneralBusiness Law, the Plan or Part 20 of the Regulations issued by the Department of Law.

7. S t a t e of Title.7,1 T h e title conveyed by Sponsor to Purchaser shall be subject only to the

liens, encumbrances and title conditions set forth in Schedule lj annexed hereto and made a parthereof. Any lien, encumbrance or condition to which title is not to be subject shall not be anobjection to title it (a) the instrument required to remove it of record is delivered at or prior tothe closing of title to the proper party or to FitSt American Title Insurance Company of NewYork. 633 Third Avenue, New York, New York 10017: Ann: Matthew C. Cahill: (212.) 850-0646 (or such other title or abstract company designated b> Sponsor: the "Title Company").together with the recording or filing fee: or (b) Purchaser's title insurance compan) will insure

4

Purthaser. at the comNny's regular rates and vvithout additional premium. that it will not hecollected out of or entorced against. the Unit; or (c) Pun:howl's title kb-unmet comport) isunwilling to issue the affirmative insurance described in subsection (b) at tts regular rates 3ndwithout additional premiumt and the Title Company would be willing to do so at its reeulor ratesand without additional premium kas evidenced by the issuance of the sime b) the Title Companyin connection with the closing of any other Units in the Condominiumt.

7_2 Sponsor shall be entitled to adjourn the closing to remove or correct an),defect in title which is not set forth in Schedule B. Howe % cr. if such defect existed at least ten(IQ) days prior to the closing and Purchaser. or Purchaser's attorney, failed to send Sporwesattorney written notice of such defect in title at least ten 4101 days prior to the closing. then, forpurposes Of Article 12 below. Purchaser shall be deemed at fault for not having sent time!)notice, and the closine adjournment to allow Sponsor to correct or remove such title defect shallbe considered as having been requested by Purchaser.

7.3 T h e covenants in the deed will be solely for the personal benefit ofPurchaser and will not inure to the benefit of Purchasers successors or subrogees. In the esentof a claimed breach of any covenant of the grantor contained in the deed. Purchaser must firstseek recovery against Purchaser's title insurance company before proceeding against Sponsor. itbeing agreed that the liability of Sponsor will be limited to any loss or damage not covered bysuch title. insurance_ In the event that Purchaser elects not to purchase title insurance, then theliability of Sponsor shall be limited to any loss or damage which would not have been coveredby the title insurance that was available to Purchaser at the closing. The terms of any marked-uptitle binder of any title insurance company authorized to do business in New York State issued inconnection with any Unit shall be conclusive evidence of the title insurance coverage that wasavailable to Purchaser_ the provisions of this Section 7_3 shall survive the closing of title or thetermination of this Agreement.

8. C l o s i n g Adjustments.

8.1 T h e following costs with respect to the Unit sledl be apportioned betweenSponsor and Purchaser as of the Closing Date:

(a) r e a l estate ta.xes and assessments. if any (including water chargesand sewer rents, if separately assessed), on the basis of the period for which assessed;

(b) Common Charges for the month in which title closes: and

(e) i f Purchaser is allowed to occupy the Unit prior to the closing.accrued rent and any other charges pursuant to an interim lease or occupancy or other agreement.if any. covering the Unit.

8.2 i f the Unit has been separately assessed but the closing of title occursbefore the tax rate is fixed, adjustment of taxes shall be based upon the latest tax rate applied tothe most recent applicable assessed valuation. Installments for tax assessments due after thedelivery of the deed, if any, shall he paid by Purchaser; however, the installment for the thencurrent period shall be apportioned appropriately. I f U n i t has not been separately wsessed asof the Closing Date for the then current tax period; the adjustment under subsection S.I (a) hcreof

shall be based upon the Property's actual taxes and assessment for such period prorated to theUnit in the manner set forth in Section 6.15 of the Residential By-Laws (in connection with thepurchase of a Residential Unit) or Section 6.15 of the Commercial By-Laws (in connection withthe purchase of an Office Unit) and in Part 1 of the Plan.

8.3 Sponsor shall remit or cause to be remitted to Purchaser an amount equalto interest, if any, earned on the Deposit, on or promptly after the Closing Date.

8.4 I n the event that Purchaser fails to close title to the Unit on the dateoriginally scheduled for the closing of title, postpones the closing for any reason, or is deemed atfault for not timely sending notice of a title defect as provided in Article 7 above, and titlethereafter closes, then:

(al t h e closing apportionments shall be made as of the originallyscheduled closing date regardless of when the actual closing of title occurs; and

(s) Purchaser shall pay Sponsor interest at the rate of 0.05% per day(or such lower rate per day which is the legal limit, if 0.05% per day exceeds the legal limit) onthe total purchase price, computed from the original Closing Date until this transaction isactually closed. I f , through no fault, of Purchaser. Sponsor postpones the originally scheduledClosing Date, the foregoing provisions shall apply to the rescheduled Closing Date if Purchaserfails for any reason to close title to the Unit on the rescheduled Closing Date.

8.5 Adjustments and apportionments shall be calculated on the basis of theactual number of days in the period for which payments were made or are due, as the case maybe. .1-he -Customs in Respect to Title Closings" recommended by The Real Estate Board of NewYork. Inc., as amended to date, shall apply to the adjustments and other matters thereinmentioned, except as aforesaid and as otherwise provided herein or in the Plan.

8.6 A n y errors or omissions in calculating apportionments at closing shall becorrected, and payment shall be made to the proper party, promptly after discovery. Thisprovision shall survive the closing.

9. C l o s i n g Costs.

Purchaser shall be required to pay certain costs in connection with the purchase of theUnit, in addition to any net credit in favor of Sponsor that may result from the closingadjustments and any interest or late closing charge described in Article 8. Other than any suchnet credit in favor of Sponsor that may result from the closing adjustments (or certain other feeswhich may be payable prior to the closing, as described below), all such closing costs shall bepaid by Purchaser, at closing, by Purchaser's unendorsed, personal certified check or by officialbank check, in either event drawn only upon a bank that is a member of the New York ClearingHouse Association. Such closing costs will include the following. the amounts of which (whereappitcable) are based on rates in effect on the date hereof and are subject to change without prior11011CC;

6

9.1 I f Purchaser elects to obtain fee title insurance, Purchaser will pay apremium to the title company for such insurance, which will vary depending upon the amount ofinsurance purchased.

9,2 Purchaser will pay a fee to the City Register for recording the deed and thepower of attorney of approximately $37.00 for each instrument plus $5.00 for each page(including the cover page), plus either a $125.00 tiling fee for the RP-5217 form if Purchaser ispurchasing a Residential Unit, or a $250.00 filing fee for the RP-5217 form if Purchaser ispurchasing an Office Unit. In addition. Purchaser's title insurance company may charge variousfees and service charges in connection with such recordings and filings, all of which shall bepayable by Purchaser.

9.3 I f Purchaser obtains a mortgage loan. Purchaser shall pay all closing costsassociated with such loan, which may include, but need not be limited to„ the following:

(a) a fee and service charge for recording the mortgage at the samerates given above for recording the deed and power of attorney;

(b) a mortgage recording tax in the amount provided for by law, whichon the date hereof for a Residential Unit is 2.05% of the principal amount of the mortgage formortgages of less than $500,000 and 2.175% of the principal amount of the mortgage formortgages equal to or greater than $500,000, and for an Office Unit is 2.05% with respect tomortgages of less than S500,000 and ISO% with respect to mortgages in the amount of $500,000or more (further. mortgage lenders require commercial borrowers to pay the additional tax leviedin the amount of 0•259/0 on all mortgages affecting commercial condominium Units). and in eachcase, the amount payable to Sponsor under subparagraph (c) below is deducted:

(c) t o Sponsor. a sum equal to the full amount (but not in excessthereof) of the partial mortgage recording tax credit provided by Section 339-ee(2) of the NewYork Condominium Act. to the extent the same is or becomes available, as a reimbursement forthe mortgage recording taxes previously paid (such credit is based, in general, on the CommonInterest of the Units being purchased multiplied by a portion of the mortgage tax previously paidon accotmtof pre-existing mortgages on the Property);

(d) t h e premium for mortgage title insurance, i f required byPurchaser's lender;

(e) deposits for Common Charges real estate taxes, any assessments.water charges and sewer rents (if separately assessed). if required by Purchaser's lender; and

(f) s u c h other costs and expenses in connection with such loan asdetermined by Purchaser's lender.

9.4 Purchaser will be responsible for payment of the following fees to KramerLevin Naftalis & Frankel 1-I.P. Sponsor's counsel, in connection with the closing of title to suchPurchaser's Univ. (i) the sum of $3,000 to reimburse Sponsor for a portion of its legal feesincurred in connection with the closing of title to each Unit purchased hereunder, and for eachissuance of. a Storage License or Wine Cellar License. the sum of $500 to reimburse Sponsor for

7

a portion Of its legal fees in connection with processing the issuance of such Storage License orwine Cellar License: (ii) if the Purchaser requests the closing to occur other than at the offices ofSponsors counsel (or such other place as Sponsor may desienate in its closing notice) andSponsor consents to such change (in its sole discretion). an attendance fee of $500 (closings maynot be scheduled to occur outside Manhattan); (iii) if the closing is adjourned through no fault ofSponsor, an additional fee of 5300 for each such adjournment to help defray the cost of preparingfor and coordinating the new closing: (iv) i f Sponsor, in its sole discretion, consents to aPurchaser's request for an assignment of the Agreement, or for the addition. deletion orsubstitution of names on the Agreement. a fee of SI.500, payable in advance, for preparation ofan assignment agreement: (v) $250 for the preparation of ACRIS transfer documents required bythe City of New York; (vi) i f Purchaser obtains mortgage financing, an additional fee of $700 toSponsor's Closing Counsel to defray the additional costs associated therewith, Purchaser may berequired to pay more than one fee pursuant to the preceding provisions of this paragraph withrespect to a single Unit; and (vii) Purchaser shall pay Sponsor's counsel the sum of $600 inconnection with the consideration. review and processing of any agreement of exchange or thelike which Sponsor is requested to execute in connection with any tax deferred exchange tmder§1031 of the Internal Revenue Code. Other additional charges may apply. At Sponsor's option(in its sole discretion), any one or more of the foregoing fees to be paid to Sponsor's counselshall be paid by Purchaser prior to closing upon notice to Purchaser.

0.5 Purchaser (in the case of a Residential Unit) shall make a contribution tothe Working Capital Fund of the Condominium, payable to the Residential Board, in an amountequal to two (2) months' Common Charges then in effect for each Residential Unit pursuant tothe Condominium budget and in accordance with Schedule A in the Plan, as the same may beamended from time to time.

9.6 Purchaser shall pay to either the Residential Board or the CommercialBoard the Residential Common Charges or Commercial Common Charges, as the case may be,for the Unit for the first full month following the month in which title closes. In addition, ifPurchaser is a foreign government, a resident representative of a foreign government or suchother person or entity otherwise entitled to the immunities from suit enjoyed by a foreigngovernment (ix_ diplomatic or sovereign immunity) shall pay to the Residential Board orCommercial Board an amount equal to the Residential Common Charges or CommercialCommon Charges, as the case may be, for such Unit for a period of two (2) years as security forthe faithful observance by such Unit Owner of the terms, provisions and conditions of theResidential By-Laws or Commercial By-Laws. as the case may be. In the event that Purchaserdefaults in respect of the terms, provisions and conditions of the Residential By-Laws orCommercial By-Laws. the Residential Board or Commercial Board, as the ease may be. may use,apply, or retain the whole or any part of the security so paid in advance to the extent required forthe payment of any Residential Common Charges or Commercial Common Charges. as the casemay be, or any other sum as to which Purchaser is in default; and such Unit Owner shall, withinthirty (30) days alter notice from the Residential Board or Commercial Board, deposit with suchBoard the amount so applied or retained so that at the option of such Board, the Board shall havethe full amount Of said security on hand at all tunes. The provisions of' the preceding sentenceshall survive the closing a title.

8

9,7 Purchaser shall pay the Real Estate Transfer Tax due to the State of NewYork (the so-called "deed stamps" and. if applicable, the so-called "mansion tax"), the RealPropeny Transfer Tax due to the City of New York and any other real property transfer tax dueto the City or State of New York. Purchaser agrees to indemnify and hold Sponsor harmlessfrom and against any and all liabilities and expenses (including, without limitation, rcasonablelegal fees and disbursements) incurred by Sponsor by reason of the non-payment by Purchaser ofany of the taxes Purchaser is obligated to pay hereunder in connection with the purchase of theUnit. Purchaser's obligations to pay the taxes described in this Section 9.7 and to indemnifySpcinsor as herein provided shall survive the closing of title or the termination of this Agreement.

9.8 I n connection with the purchase of a Residential Unit. Purchaser will herequired to pay to the Residential Board: (i) Purchaser's share of the purchase price of theResident Manager's Unit determined in proportion to Purchaser's respective Common Interest inaccodance with Schedule A in the Plan: (iii Purchaser's share of the purchase price of the ClubUnit determined in proportion to Purchaser's respective Common Interest in accordance withSchedule A, in the Plan; and (iii) if applicable, an assessment for the Initial Private ResidentialDining Period.

10. Transfer Tax Returns. A t the closing, Purchaser shall duly complete and signbefore a notary public the real property transfer tax return required to be tiled with The City ofNew York ("RPT Form") and Purchaser shall duly complete and sign the Combined Real EstateTransfer Tax Return ;Ind Credit Line Mortgage Certificate eCombined Tax ILomi") required tobe tiled with the Department of Taxation and Finance of the State of New York (the 111:EixDepartment"), or such other forms as may then be required by law. T h e Rig Form andCombined Tax Form shall be delivered at closing to the representative of Purchaser's titleinsurance company (or, if none, to SNnsor's attorney) for filing with the proper governmentalofficer. Sponsor will similarly execute all of such forms and other documents required inconnection with recording of the deed including, without limitation. smoke detector andmultiple-dwelling affidavits.

U. .rheLPlan.11.1 Purchaser acknowledges having received and read a copy of the Plan.

including all amendments thereto. if any. filed prior to the date hereof with the Department ofLaw of the State of New York. at least three (3) business days before submitting this Agreement.If. however. Purchaser did not receive a copy of the Plan at least three (3) business days beforesubmitting this Agreement. Purchaser may rescind this Agreement, by sending written notice ofsame to Sponsor by certified or registered mail, return receipt requested. or by personal delivery.in either ease within seven (7) days of Purchaser's submission of this Agreement.

11.2 T h e Plan is incorporated herein by reference and made a part hereof withthe same forte and effect as if set forth herein at length. In the event of any inconsistencybetween the provisions of this Agreement and the Plan, the Plan shall govern, except withrespect to express modifications to the terms of the Plan included in this Agreement and agreedto by Sponsor and Purehiser, in which case such inoditications will govern.

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Instead of retaining the Deposit (or such portion thereof that Sponsor may be entitled to as setforth below in this paragraph (b)), SpOnSOr may elect to bring an action against the Purchaser forspecific performance. in which event the Purchaser could be compelled to complete the purchaseof the Unit. Upon the cancellation of this Agreement. Purchaser and Sponsor will be releasedand discharged of all further liability and obligations hereunder and under the Plan, and the Unitmay be sold to another as though this Agreement had never been made. and without accountingto Purchaser for any of the proceeds of such sale. Notwithstanding anything to the contrarycontained hemin. if this Agreement is not exempt under Section 1702 of the Interstate Land SalesFull Disclosure Act. 15 § § 1701. et, seq.. and it' Purchaser loses rights and interest in theUnit as a result of a default or breach of this Agreement which occurs after Purchaser has paidfifteen percent (1543/0) of the Purchase Price of the Unit, excluding any interest owed under thisAgreement, Sponsor (or Sponsor's successor) shall refund to Purchaser any amount whichremains after subtracting (A) fifteen percent (15%) of the Purchase Price, excluding any interestowed under and disposed of in accordance with this Agreement, or the amount of damagesincurred by Sponsor (or Sponsor's successor) as a result of such breach. whichever is greater,from (B) the amount paid by Purchaser with respect to the Purchase Price of the Unit, excludingany interest paid under this Agreement (which interest shall be disposed of as set forth in thisARreement).

te) Sponsor and Purchaser each hereby agree and acknowledge that itwould be impractical andJor extremely difficult to fix or establish the actual damage sustained bySponsor as a result of a default by a Purchaser hereunder, and that the Deposit (including allinterest) shall constitute and be deemed to be the reasonable and agreed upon liquidated damagesof Sponsor in respect of the possible loss of a timely closing, the possible fluctuation of values.additional carrying costs of the Unit and other expenses that may be incurred, including, withoutlimitation, attorneys* fees, and shall he paid by Purchaser to Sponsor. The payment of thedeposit (including all interest) as liquidated damages is not intended to be a forfeiture or penalty,but is intended to constitute liquidated damages to Sponsor.

kd) N E I T H E R SELLER NOR PURCHASER SHALL CHALLENGETHE VALIDITY OF THE PROVISIONS OF THIS AGREEMENT OR THE PLAN WITHRESPECT TO LIQUIDATED DAMAGES OR ANY RIGHT OF SPONSOR SET FORTHHEREIN OR THEREIN TO RETAIN 'ME DEPOSIT IN THE EVENT OF A PURCHASERDEFAULT. SUCH PROVISIONS HAVE BEEN AGREED TO VOLUNTARILY, AFTERNEGOTIATION. wiTHour DURESS OR COERCION BY ANY PARTY UPON ANYOTHER PARTY, AND WITH EACH PARTY HAVING BEEN (OR HAVING HAD FULLAND ADEQUATE OPPORTUNITY T O BE) REPRESENTED A N D ADVISED B YCOUNSEL ACCOUNTANTS, BROKERS, APPRAISERS AND OTHER EXPERTS ANDADVISORS OF ITS OWN CHOOSING.

13. ,r&s_.• _sem L i c i g . N o lien or encumbrance shall ariseagainst the Property or the Unit as a result of this AgleeMellt or any money deposited hereunder,except as hereinafter set forth. I n furtherance and not in limitation of the provisions of thepreceding sentence. Purchaser agrees that the provisions of this Agreement are and shall continueto be subject and subordinate to ihe lien of any mortgage heretofore or hereafter made and anypayments or expenses already made or incurred or which hereafter may he made or incurred,pursuant to the terms thereof, or incidental thereto. or to protect the security thereof. to the fullest

I 1

included ill the sale of the Unit pursuant to this Agreement. No portion of the Purchase Priceshall be attributable to such items.

17. Construction.

17.1 1-he construction of the Building and the Unit. including the materials,equipment and fixtures to be installed therein, shall be substantially in accordance with the Planand the Plans and Specifications (as defined in the Plan), subject to the right of Sponsor to amendthe Plan and the Plans and Specifications in order to substitute materials. equipment or fixturesof equal or better quality, provided that the approval of any governmental itithorities havingjurisdiction is first obtained i f required). The issuance of a temporary or permanent Certificateof Occupancy for the Building shall be deemed presumptive evidence that the Building and theUnit have been fully completed in accordance with the Man and the Plans and Speeilications.However, nothing herein contained shall excuse Sponsor from its obligation to correct anydefects in construction in accordance with the conditions set forth the Section entitled "Rightsand Obligations of Sponsor" in Part I of the Plan.

17.2 T h e construction of the Building and the Unit and the correction of anydefects in the constmction thereof to the extent required under the Plan are the sole responsibilityof Sponsor. Purchaser acknowledges and agrees that Sponsor will not be liable for, and willhave no obligation to correct, certain variations from the Plan and Plans and Specifications asindicated in the Section entitled -Rights and Obligations of Sponsor" in Part 1 of the Plan andwill only be responsible to correct any construction defects to the extent. and on the terms andconditions, set forth in such Section.

17.3 T h e closing of title shall occur only infer. or concurrently with,compliance with the prerequisites set forth under "Prerequisites to Closing of Title" in Part 1 ofthe Plan. As a result, if all other prerequisites not involving the construction of the Unit are met.Purchaser shall be obligated to close and complete payment of the full Purchase Price (withoutany credit against or abatement in the Purchase Price and without any provision for escrow) oncea temporary or permanent Certificate of Occupancy is issued for the Unit (notwithstanding anyconstruction items noted on Purchaser's Inspection Report (as hereinafter defined) remaining forSponsor to complete and/or correct in accordance with its obligations under the Plan, andnotwithstanding the incomplete construction andior decoration of any other portions of theBuilding not preventing Purchaser's occupancy of the Unity

17.4 Sponsor has projected that, based upon currently anticipated schedules,construction/renovation of the Building will be sufficiently completed to permit closings of Unitsto begin in or about July. 1015. The actual date for the First Closing is only an estimate and isnot guaranteed or warranted, and may be earlier or later depending on the progress ofconstruction and compliance with the other prerequisites described in the Plan. Purchaseracknowledges that COnStrUCtiOn may be delayed by weather. casualty, labor difficulties(including work stoppages and strikes), late delivery or inability to obtain on a timely basis orotherwise materials or equipment, governmental restrictions, or other events beyond Sponsor'sreasonable COMO'. Purchaser further acknowledges that the Units in the Building will becompleted at varying times over a period that could extend well beyond the First (losing, l i teorder in Nviiich the Units will be completed is in the discretion of Sponsor. Purchaser

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acknowledges that except as otherwise expressly provided in the Plan, Purchaser shall not beexcused from paying the full Purchase Price, without credit or set-off, and shall have no claimagainst Sponsor for damages or losses, in the event that the First Closing occurs substantiallyearlier or later than the projected date or the time to complete or to close title to the Unit isaccelerated, delayed or is postponed by Sponsor. Purchaser's rights as set forth in Plan in respectthereof being in lieu of any other rights or remedies which may be available pursuant to anyapplicable law, regulation, statute or otherwise, all of are hereby expressly waived by Purchaser.

18. Inspsction of Unit. At least one (1) week prior to the Closing Date. at Sponsor'sdirection, Selling Agent shall notify Purchaser that the Unit is ready for inspection. Upon receiptof the notice. Purchaser shall promptly arrange an appointment with Selling Agent to inspect theUnit within the week prior to the Closing Date. Purchaser or his or her duly authorized agentshall attend such inspection, shall carefully inspect the Unit, and shall complete, date and signthe Inspection Statement (in the form set fonh as Schedule C to this Agreement.) and deliversame to Selling Agent at the conclusion of the inspection. Failure of Purchaser either to arrangesuch appointment or to inspect the Unit within the week prior to the Closing Date or to so signand deliver the completed Inspection Statement shall not excuse Purchaser from paying theBalance whcn due and shall constitute Purchaser's full acceptance of the Unit. Sponsor reservesthe right to limit the number of individuals who may accompany Purchaser in its inspection ofthe Unit. However, nothing herein shall relieve Sponsor of its obligations as set forth in "Rightsand Obligations of Sponsor" in the Plan.

19. Damage to the Unit. I f between the date of this Agreement and the closing oftitle, the Unit is damaged by tire or other casualty, the following shall apply:

19.1 T h e risk of loss to the Unit by tire or other casualty, until the earlier ofclosing of title or possession of the Unit by Purchaser, is assumed by Sponsor, provided thatSponsor Shall have no obligation or liability to repair Or restore the Unit. In the event of damageor destruction of the Unit due to fire or other casualty prior to the closing of tide and the electionby Sponsor to repair or restore the Unit, this Agreement shall continue in full force and effect.Purchaser shall not have the right to reject title or receive a credit against, or abatement in, thePurchase Price and Sponsor shall be entitled to a reasonable period of time within which tocomplete the repair or restoration, Any proceeds received from insurance or in satisfaction ofany claim or action in connection with such loss shall, subject to the rights of the Board andother Unit Owners if the Declaration has theretofore been recorded. belong entirely to Sponsorand if such proceeds are paid to Purchaser. Purchaser shall promptly upon receipt thereof turnthem over to Sponsor. The provisions of the preceding sentence shall survive the closing of titleor the termination of the Agreement.

192 I n the event of damage to or destruction of the Unit by tire or othercasualty prior to the closing of title and the election by Sponsor, with notice thereof to Purchaser.that it does not elect to repair or restore the Unit, or, if the Declaration has been recorded priorthereto, then if the Unit Owners do not resolve to make such repairs or restoration pursuant to theBy-Laws, this Agreement shall be deemed cancelled and of no further force or effect andSponsor shall return to Purchaser all sums deposited by Purchaser hereunder, together withIn. west, if any. earned thereon, and neither party shall have any further rights, obligations orliabdity to or against the other and the parties shall be released and discharged from all

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obligations and liability hereunder and under the Plan. except that if Purchaser is then in defaulthereunder (beyond the applicable grace period. i f any), Sponsor shall retain all such sumsdeposited by Purchaser hereunder and any interest earned thereon. as and for liquidated damages.

Ngata,Lt-----entatims. Purchaser acknowledges that Purchaser has not relied uponany architect's plans. sales plans. selling brochures, advertisements. websites, representations.warranties, statements or estimates of any nature whatsoever, whether written or oral, made bySponsor, Selling Agent or otherwise, including, but not limited to, any relating to the descriptionor physical condition of the Property. the Building or the Unit, or the size or the dimensions ofthe Unit or the rooms therein contained or any other physical characteristics thereof, the servicesto be provided to Unit Owners, the estimated Common Charges allocable to the Unit, theestimated real estate taxes of the Units the ability to rent the unit and/or the rental incometherefor, the right to any income tax deduction for any real estate taxes or mortgage interest paidby Purchaser. or any other data, except as herein or in the Plan specifically represented;Purchaser has relied solely on his or her own judgment and investigation in deciding to enter intothis Agreement and purchase the Unit. N o person has been authorized to make anyrepresentations on behalf of Sponsor. No oral representations or statements shall be considered apart of this Agreement. Purchaser agrees (a) to purchase the Unit, without offset or any claimagainst, or liability of, Sponsor, whether or not any layout or dimension of the Unit or any partthereof, or of the Common Elements, as shown on the Floor Plans on tile in Sponsor's office andto be filed in the City Register's Office. is accurate or correct, and al) that Purchaser shall not berelieved of any of Purchaser's obligations hereunder by reason of any immaterial or insubstantialinaccuracy or error. The provisions of this Article 20 shall survive the closing of title or thetermination of this Agreement.

21. Prohibition Aeainst Advenitig. Purchaser hereby covenants and agrees that itsludi not, prior to the dosing of title hereunder list the Unit for sale or resale with any broker orotherwise advertise, promote, or publicize the availability of the Unit for sale. Any such listingof the Unit or form of advertising. promotion or publicizing of the Unit by Purchaser or its agentsor representatives prior to the closing of title shall be an Event of Default hereunder, entitlingSponsor to the remedies set forth in Article 12 hereof.

11. Broker. Purchaser represents to Sponsor that Purchaser has not dealt with anybroker i n connection w i t h t h i s transaction other than Selling Agent a n d

purchaser shall pa) the commission of any broker withwhom Purchaser may have dealt, other than Selling Agent and the aforementioned broker.Purchaser agrees that, should any claim be made against Sponsor for commissions by any brokerother than Selling Agent on ,lecount of any acts or dealings of Purchaser or Purchaser'srepresentatives, Purchaser will indemnify and hold Sponsor free and harmless from and againstany and all liabilities and expenses in connection therewith. including. but not limited to.reasonable legal fees and disbursements. T h e provisions of this Article 22 shall survive theclosing at title or the termination of this Agrconcnt

23. AgIVC1110; May23.1 T h i s Agreement or any interest of Purchaser herein, shall not inure to the

bend-it of any successors or assigns of Purchaser and rny not be assigned by purchaser, without

th4 prior %linen consent of Sponsor. which consent may be given or denied by Sponsor in itss.zte discretion. Any purported assignment by Purchaser in violation of this Agreement shall bean event of default by Purchaser entitling Sponsor to all remedies available at law, in equity orotherAise, inclu%ling_ without limitation, the remedies set forth in Article 12 hereof, and shall bevoidaNe at the option of Sponsor-

IfPurchaser is a corporation. any sale, assignment, transfer, pledge,eneumbrance or other dispeition of any of the stock of Purchaser, or i f Purchaser is apk.1.713 Icrship_ limited liabilitycompany or other entity. any sale. assignment, transfer* pledgesencumbrance or other disposition of any interest in such partnership, limited liability company orOther entity shall. for purposes of this Agreement, be considered an assignment and shall besubiect to the pro%ikons. pn)hibitions and terms of this Article concerning assignment of thisAer, cement, ezeetpi that a sale of less than fifty percent (50%) of the stock, or in the case of aNrtriership. limited liability company or other entity, less than fitly percent (50%) of theounership interests. of Purchaser which does not result in a change in control of Purchaser shallnot be considered an assignment. For purposes of the preceding sentence only, "control" shallmean the ownership of fifty-one percent (51%) or more of the interests in such entity orpkela..-iOn of the power to direct the management and policies of such entity and the distributionof its profits For purposes of this Agreement, it is the intent of the pani ies) that the individualscontrolling Purchaser shall be deemed to be

231 I f a Purchaser desires to assign its rights under this Agreement or to taketitle in the name of an affiliate of. or entity related to or controlled by Purchaser that differs fromthat reflected in this AiITCCITICIIL or to add. delete or substitute the name of a member of thePUMtuavr's family, then. i f such assignment. alteration, addition, deletion or substitution ispermitted by Sponsor tin SNitsor's sole discretion). Purchaser shall deliver to Selling Agent orSponsor-s counsel. four (4) signed forms of assignment of this Agreement (to be prepared bySponseles counsel at Purchaser's eaNnse and in form and content acceptable to Sponsor, in itssole discretion). as well as three ( ) completed and signed copies of either Form W-9 (Requestfor Taxpayer Identification Number and Certification) or Form W-8BEN (Certificate of ForeignStatus of Beneficial Owner for United States Tax Withholding), as applicable, in the formrequired by law. Upon each assignment or other change permitted by Sponsor (it its sole

, discretion). the assignments and Form o r Form W-). as applicable. must be delivered toSelling Agent or Sponsor's counsel. together uith a personal certified check, or an official bankor cashier's check. in the amount of S1,500 made coyable to Kramer Levin Naftalis & FrankelLIP rfor sCINiCeS rendered in connection with the assignment). not less than twenty (20) daysprior to the date sv.heduled for the Purchaser's closing. I n no event shall Punthaser or itsaignec (or any added or substituted party) have any right to adjourn or postpone the closing asa result of any such change or assigiunent. Sponsor is not obligated to consent to any suchchange_or assigiuncrit and. Sponsoes refusal to consent to an assignment or change in name willnot cnutIc Pumhaser to cancel this Agreement or excuse Purchaser from any of its obligationshereunder or give rise to am claim for damages against Sponsor; and the prohibition againstadvertising or publicizing the availability of Purchaser's Unit as set fonh in Article 21 above andin the Plan will remain in effect.

Z3A Notwithslamting the provisions of Section 23.1 above, Sponsor will notunreasonably withhold its consent to the assignment by Purchaser, on one (1) occasion only, of

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all of Purchaser's rights under this Agreement to a Purchaser Affiliate or to membens) ofPurchaser's Immediate Family. provided that any such assigtunem is made without considerationand otherwise in accordance with the provisions and procedures set forth in Section 23.3 above.For purposes of this Section 23.4 only: (i) "Purchaser Affiliate" =CMS an entity, as of the date ofthe assignment and at all times thereafter through and including the Closing, controlled by otunder common control with Purchaser; (ii) "Immediate Family Members" means Purchaser'sspouse, domestic partner, children, grandchildren, parents. grandparents. brothers or slaters,stepchildren and stepparents; and (ill) "control.' means the ownership of fifty-one percent (3 I alo)or more of the interests in such entity and possession of the power to direct the management andpolicies of such entity and the distribution of its profits.

23.5 Notwithstanding any consent by Sponsor pursuant to the toms of thisArticle to any such change of name or assignment, in no event shall Purchaser, itS assignor. hereleased or relieved from any obligations. promises, covenants and liabilities under or in respectof this Agreement.

24. Binding Effect. The submission of this Agreement to Purchaser does not create isbinding obligation on the part of Sponsor. This Agreement shall not be binding on Purchaser orSponsor until Purchaser has signed this Agreement and delivered the signed Agreement and theDeposit to Sponsor. and a counterpart hereof executed by Sponsor has been delivered toPurchaser. I f this Agreement is not signed by Sponsor and a fully executed counterpart deliveredto Purchaser or its attorneys within thirty (30) days after the date hereof, this Agreement shall bedeemed to have been rejected and the Deposit shall be promptly returned to Purchaser. Uponsuch refund being made, neither party shall have any further rights. obligations or liabilitieshereunder with respect to the other. Prior to Sponsor's countersigning and returning thisAgreement to Purchaser, and at any time thereafter. Purchaser agrees upon request to provideSponsor with written information about Purchaser's employment. financial and rental/ownershiphistory, Such information obtained prior to countersignature may be used to determinePurchaser's qualification to purchase and own the Unit, but does not constitute a reservation orbinding obligation on either the applicant or Sponsor. Sponsor has the right, without incurringany liability, to reject this Agreement without cause or explanation to Purchaser.Agreement may not he rejected due to PUrChaSer'S sex. sexual orientation, race, creed, color,national origin, ancestry, disability., marital status, or other ground proscribed by law.

25. INIotices.25.1 A n y notice. election. demand. consent. request or other communication

hereunder or wider the Plan shall be in writing and either delivered in person or sent, postageprepaid. by registered or certified mail, return receipt requested or by Federal Express or otherreputable overnight courier, with receipt confirmed: to Purchaser at the address given at thebeginning of this Agreement; and to Sponsor, addressed to Selling Agent at: MacklowcProperties Sales 1..L.C. 767 Fin Avenue, 21st Floor, New York. New York 10153, with a copysent simultaneously and in like MUDIter to each of; (i) Kramer Levin Naftalis & Frankel1177 Avenue of the Americas, New York, New York 10036. ‘ttention: Jonattum I I. Canter,Esq.; (ii) 56th and Park (tslY) Owner, 1.I.C, eio C1M °rout% 1-1)., 6022 I tollywooll Boulevard,Suite 000, Los Angeles. California 90028. Attention: Cienenit Counsel; and 5 6 t h and Park(NY) Owner. LEX, C 1 M Croup, L.P., 7250 Woodmont Avenue. Suite 30o. Bethesda,

17

Maryland 20814:2960, Attention: Charles E. Gamer Ii. Either party may hereafter designate tothe other in writing a change in the address to which notices are to be sent. Except as otherwiseexpressly provided herein, a notice shall be deemed given when personal delivery or delivery byovernight courier is effected or, in the case of mailing, three (3) days after the date of mailing.except that the date of actual receipt shall be deemed to be the date of the giving of any notice ofchange of address.

25.2 Sponsor hereby designates and empowers Sponsors closing counsel(Kramer Levin Naftalis & Frankel LLP) as Sponsor's agent to give any notice to Purchaser underthis Agreement (including, without limitation, a notice of default) in Sponsor's name, whichnotice so given shall have the same force and effect as if given by Sponsor itself.

Joint Purchasers. The term "Purchaser" shall be read as "Purchasers" if the Unitis being purchased by more than one person, in which case their obligations shall be joint andseveral.

27. Liabi l i ty of Sponsor. Sponsor shall be excused from performing any obligation orundertaking provided for in this Agreement for so long as such performance is prevented.delayed or hindered by an act of God, tire, flood, explosion, war, riot, sabotage, inability toprocure or general shortage of energy. labor, equipment, facilities, materials or supplies in theopen market, failure of transportation, strike, lockout, action of labor unions, or any other cause(whether similar or dissimilar to the foregoing) not within the reasonable control of Sponsor.Sponsor's time to perform such obligation or undertaking shall be tolled for the length of theperiod during which such performance was excused.

28. F u r t h e r Assurances, Either party shall execute. acknowledge and deliver to theother party such instruments and take such other actions, in addition to the instruments andactions specifically provided for herein, as such other party may reasonably request in order toeffectuate the provisions of this Agreement or of any transaction contemplated herein or toconfirm or perfect any right to be created or transferred hereunder or pursuant to any suchtransaction.

29 Severabilitv. I f any provision of this Agreement or the Plan is invalid orunenforceable as against any person or under certain circumstances, the remainder of thisAgreement or the Plan and the applicability of such provision to other persons or circumstancesshall not be affected thereby. Each provision of this Agreement or the Plan, except as otherwiseherein or therein provided, shall be valid and enforced to the fullest extent permitted by law.

30. S t r ic t Compliance. Any failure by either party hereto to insist upon the strictperformance by the other party of any of the provisions of this Agreement shall not be deemed awaiver of any of the provisions hereof, and each party, notwithstanding any such failure, shallhave the right thereafter to insist upon the strict performance by the other party of any and all ofthe provisions of this Agreement to be performed by such other party.

31. N o Lien. Neither this Agreement nor any monies deposited hereunder orexpended by Purchaser in connection herewith shall constitute a lien against the Unit, any otherUnits, or any other portion of the Building or the Land upon which it is situated.

Is

32.Goya__ r_)I&---1 Law. The provisions of this Agreement shall be governed by. andconstrued and enforced in accordance with, the internal laws of the Stale of New York applicableto contracts made and to he performed wholly in the State of New York, without regard toprinciples of conflicts of law.

33. Purchaser's Representations.

33.1 Purchaser represents that Purchaser has full right and authority to executethis Agreement and perform Purchaser's obligations hereunder. I f Purchaser is not a naturalperson. Purchaser agrees to deliver at Closing, such documents evidencing Purchaser's authorityas may be required by Purchaser's title company. Purchaser further represents that the Depositrepresents Purchaser's own funds and that no other party (other than Purchaser or Seller, asprovided herein) has any right or claim to all or any portion of the Deposit.

33.2 Purchaser is not now, nor shall it be at any time prior to or at the closing oftitle. an individual corporation, partnership. joint venture, trust. trustee, limited liabilitycompany, unincorporated organization, real estate investment trust or any other form of entity(collectively, a "Person") with whom a United States citizen, entity organized under the laws ofthe United States or its territories or entity having its principal place of business within theUnited States or any of its territories (collectively, a "U.S. Person"). is prohibited fromtransacting business of the type contemplated by this Agreement, whether such prohibition arisesunder United States law, regulation, executive orders and lists published by the Office of ForeignAssets Control, Department of the Treasury ("01Ac") (including those executive orders andlists published by OFAC with respect to Persons that have been designated by executive order orby the sanction regulations of OFAC as Persons with whom U.S. Persons may not transactbusiness or must limit their interactions to types approved by ()PAC or otherwise. NeitherPurchaser nor any Person who owns an interest in Purchaser is now nor shall be at any time priorto or at the closing of title a Person with whom a U.S. Person, including a "financial institution"as defined in 31 U.S.C. 5312 (a)(z), as periodically amended, is prohibited from transactingbusiness of the type contemplated by this Agreement, whether such prohibition arises underUnited States law regulation, executive orders and lists published by the OFAC or otherwise.

33,3 Purchaser has taken, and shall continue to take until the closing of title.such measures as are required by applicable law to assure that the funds used to pay to Seller thePurchase Price are derived: (i) from transactions that do not violate United States law nor, to theextent such funds originate outside the United States, do not violate the laws of the jurisdiction inwhich they originated; and (ii) from permissible sources under United States law and to theextent such funds originate outside the United States. under the laws of the jurisdiction in whichthey originated. Purchaser is. and will at closing be, in compliance with any and all applicableprovisions of the USA PATRIOT Act of 1001, Pub. L. No. 107-56, the Bank Secrecy Act of1970, as amended, 31 LI.S_C. Section 5311 et. seq.. the Trading with the Enemy Act, 50 U.S.C.App. Section 1 et. seq.. the International Emergency Economic Powers Act, 50 U.S.C. Section1701 Ct. seq., and the sanetion regulations promulgated pursuant thereto by the OFAC, as well aslaws relating to prevention and detection of money laundering in IS S e c t i o n s 1956 and1957.

33.4 T h e provisions of this Article shall survive the closing of title to the Unitor termination of this Agreement.

34. AtireeMellt Not Contingent Upon Financing. The terms and provisions of thisAgreement and Purchaser's obligations hereunder are not contingent upon Purchaser securingfinancing of the Purchase Price (or any portion thereof) stated in Article 3 of this Agreement, andPurchaser understands and agrees that Purchaser's failure to obtain such financing will notrelieve Purchaser of Purchaser's obligations hereunder. Purchaser further understands andagrees that if Purchaser chooses to finance the purchase of the Unit through a lending institutionand Obtain a commitment therefrom, neither a subsequent change in the terms of suchcommitment, the expiration or other termination of such commitment, any change in Purchaser'sfinancial status or condition, nor any delay in or adjournment of the Closing, shall release orrelieve Purchaser of Purchaser's obligations pursuant to this Agreement.

35. C o s t s of lnlbreing and Defendingireement. Purchaser shall be obligated toreimburse Sponsor for any legal fees and disbursements incurred by Sponsor in defendingSponsor's rights under this Agreement or, in the event Purchaser defaults under this Agreementbeyond any applicable grace period, in canceling this Agreement or otherwise enforcingPurchaser's obligations hereunder. The provisions of this Article shall survive closing of title orthe termination of this Agreement_

36. Wa i v e r of Jury Trial. Except as prohibited by law, the parties shall, and theyhereby do, expressly waive trial by jury in any litigation arising out of, connected with, orrelating to this Agreement or the relationship created hereby or in the Plan. With respect to anymatter for which a jury trial cannot be waived, the parties agree not to assert any such claim as acounterclaim in, nor move to consolidate such claim with, any action or proceeding in which ajury trial is waived. The provisions of this Article shall survive closing of title or the terminationof this Agreement.

37. Wa i v e r of Diplomatic or Sovereign Inu__3Nlj.137.1 Purchaser hereby waives any and all immunity from suit or other actions

or proceedings and agrees that, should Sponsor or any of its successors or assigns bring any suit,action or proceeding in New York or any other jurisdiction to enforce any obligation or liabilityof Purchaser arising, directly or indirectly, out of or relating to this Agreement. no immunityfrom such suit, action or proceeding will be claimed by or on behalf of Purchaser.

37.2 A s of the execution of this Agreement. Purchaser acknowledges andagrees that all disputes arising, directly or indirectly, out of or relating to this Agreement may bedeah with and adjudicated in the state courts of New York or the federal courts sitting in NewYork. and hereby expressly and irrevocably submits ihe person of Purchaser to the jurisdiction ofsuch Courts in any suit, action or proceeding arising, directly or indirectly, taut of or relating tothis Agreement, S o far a-S is permitted under the applicable law, this consent to personaljunsdiction shall be self-operative and no further instrument or action shall be necessary in orderto confer jurisdiction upon the person of Purchaser in any such court.

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37,3 Purchaser irrevocably waives, to Ihe fullest extent permitted by 14m maagrees not to assert, by way of Motion, as a defense or otherwiSe üi an suit. action or proce-c‘tingarising, directly or indirectly, out of relating to this Agreement. brought in the state courts inNew York or the federal courts sitting in New York: (i) an oblection which it ina have or tmtyhereafter have to the laying of the venue of any such suit, action or proceeding in an such cvluzt:(ii) any claim that any such suit, action or proceeding brought in any such court has lxvit broughtin an inconvenient forum; or (iii) any claim that it is not personally sublect to the jurisdiction ofsuch courts. Purchaser agrees that final judgment from which Puivitaser has not or ma) notappeal or further appeal in any such suit. action or proceeding brought in such a ...owl shall beconclusive and binding upon Purchaser and. may so far as is permitted under the applicable law,be enforced in the courts of any state or any federal court and in au other c‘Nurts to thejurisdiction of' which Purchaser is subject, by a suit upon such judgment and that Purchaser willnot assert any &tense, counterclaim, or set off in any such suit upon such judgment.

37.4 Purchaser agrees to execute. deliver and file all such further instruments asmay be necessary under the laws of the State of New York. at order to make (4(N-two theconsent of Purchaser to jurisdiction of the state courts of New York and the federal courts sittingin New York and any other provisions of this Article 37.

37.5 Nothing in this Article 37 shall affect the right of Sponsor to tringproceedings against Purchaser in the courts of any jurisdiction or jurisdictions.

37.6 T h e provisions of this Article 37 shall survive the closing of title or thetermination of this Agreement for the purpose of any suit, action. or proceAting arising dirwil•or indirectly, out of or relating to this Agreement.

37.7 I n the event Purchaser is a foreign government, a resident representative ofa foreign government or such other person or entity otherwise entitled to the inIMUnitieS fromsuit enjoyed by a foreign government (i.e., diplomatic or sovereign immunity). such Puniiasershall hereby be deemed to have designated and hereby designates C.T. Corporation Symenthaving its offices, at the date hereof. at 11 I Eighth Avenue. New York, New York loot I asduly authorized and lawful agent to receive process for and on behalf of Purc h ase r in any state orFederal suit, action or proceeding in the State of New York based on. arising out of ot ,•onneetc.dwith this Agreement.

37.8 I f Purchaser is a foreign mission. U.S SUCh terill is defined undet the ForeignMissions Act. 22. U.S.C. 4305, Purchaser shall notify the United Slates Department of State priorto purchasing a Unit and provide a copy of such notice to Sponsor. Sponsor shall not he boundunder this Agreement unless and until the earlier to occur of: (i) a notification of appnwalreceived from the Department of State; or (ii) sixty (60) days idler Purchaser's notice is recetvedby the Department of State.

38. M o l d , . Purchasers are advised that the prevention of the growth of mold in a Unit

mold spores. Whether a tof each Unit Owner. consiniction is not. and cannot be. de-signed to eNehoeis the responsibility

nit Owner experiences mold growth depends largely on him NMI UnitOwner, manages and maintains his/her Unit. Unit Owners will need to take aettoris to prevmconditions which cause the mold or mildew, and it is the mspoosibility or each I nit Owne:

21

ensure that he/she has taken the necessary precautions to prevent mold from becoming a problemin such Unit Owner's Unit. Sponsor will not be liable for and Purchaser hereby waives anyclaim for any actual, special. incidental or consequential damages based on any legal theoryWhatsocv er including, but not limited to, strict liability, breach of express or implied womanly,negligence or any other legal theory with respect to the presence and/or existence of molds,mildm and/or microscopic spores unless caused by the gross negligence or willful misconductof Sponsor. The provisions of this Article shall survive closing of title or the termination of thisAgreement.

39. E n t i r e Agreement. This Agreement, together with the Plan, supersedes any andall understandings and agreements between the parties and constitutes the entire agreementbetween them with respect to the subject matter hereof.

40. Cer ta in References. A reference in this Agreement to any one gender. masculine,feminine or neuter, includes the other two, and the singular includes the plural. and vice versa,unless the context otherwise requires. The term "herein." "hereof" or "hereunder," or similarterms used in this Agreement. refer to this entire Agreement and not to the particular provision inwhich the term is used. Unless otherwise stated, all references herein to Articles, Sections orother provisions are references to Articles, Sections or other provisions of this Agreement.

41. Captions. The captions in this Agreement are for convenience and reference onlyand in no way define. limit or describe the scope of this Agreement or the intent of any provisionhereof.

42. Successors and Assigns. Subject to the provisions of Article 23 hereof, theprovisions of this Agreement shall bind and inure to the benefit of Purchaser and Purchaser'sheirs, legal representatives, successors and permitted assigns and shall bind and inure to thebenefit of Sponsor and its successors and assigns.

43. N o Oral Changes_ This Agreement, or any provision hereof, cannot be orallychanged. terminated or waived. A N Y CHANGES OR ADDITIONAL PROVISIONS MUSTBE SET FORTH IN A RIDER ATTACHED HERETO OR IN A SEPARATE WM ITENAGREEMENT SIGNED BY THE PARTIES AND WHICH REFERS TO THIS AGREEMENT.

44. Counterparts. This Agreement and any Rider(s) which may be annexed heretomay be executed in one or more counterparts, each of which shall be deemed to by an originaland all of which shall constitute one and the Sallie document. A facsimile signature on thisAgreement (or any such Rider(s)) shall be acceptable and be deemed binding. r h e partytendering such facsimile signature shall provide the other party with original counterparts of thesignature page promptly after delivery of the facsimile signature page. although the failure to doso shall not invalidate the effectiveness of the facsimile signature.

45.t g J e rA_I• Construction. There shall be no presumption against the drafter of thisAgreement or the Plan.

46. S e c t i o n 1031 Exchange, Sponsor hereby acknowledges that the acquisition of theUnit hereunder may be in COnneCtion v.ith a likX deferred exchange under *1031 of the InternalRevenue Code and that Purchaser (except as prohibited by paragraph 24 of this Agreement ) may

22

be assigning all of its rights and obligations hereunder to a qualified intermediary as part of, andin furtherance of, such tax deferred exchange. Sponsor hereby agrees to reasonably assist andcmperate in such tax deferred exchange, provided, however, that: (I) any action taken inconnection with such tax deferred exchange or requested of Sponsor shall not result in any cost,expense or liability on the part of Sponsor or increased risk to Sponsor relating to the transactioncontemplated by this Agreement (and, among other things, Purchaser acknowledges that a feemay be payable to Sponsor's counsel in connection with the review of any documentation relatedto such tax-deferred exchange); (ii) no action or failure on the part of Purchaser (or any otherparty to such tax deferred exchange) or cooperation on the part of Sponsor in connection with orrelated to said tax deferred exchange will frustrate the purpose of this Agreement or otherwiseresult in a reduction of Sponsor's rights, remedies and privileges under this Agreement orincrease any of Sponsor's obligations or duties under this Agreement or otherwise; and (iii)Sponsor shall not be obligated, as part of any tax deferred exchange. to convey any property(other than the Unit). acquire any property, or accept any form of payment in respect of theamounts due hereunder other than as set forth herein. Purchaser shall indemnify and shall holdSponsor harmless from and against any and all costs, expenses, fees (including, withoutlimitation. reasonable attorneys' fees) or liabilities incurred by Sponsor in connection with orresulting from the said tax deferred exchange. and such indemnity shall survive the closing oftitle or the termination of this Agreement. Notwithstanding the foregoing, Sponsor makes norepresentation and expresses no opinion with respect to the applicability of §I031 of the InternalRevenue Code to the purchase or acquisition of a Unit,

[NO FURTHER TEXT ON THIS PAGE; SIGNATURE PAGE FOLLOWS]

•

23

YOU HAVE THE OPTION T O CANCEL YOUR AGREEMENT BYNOTICE TO SPONSOR UNTIL MIDNIGHT OF THE SEVENTH DAY FOLLOWINGTHE SIGNING OF THE AGREEMENT.

IF YOU DID NOT RECEIVE A PROPERTY REPORT PREPAREDPURSUANT T O T H E RULES A N D REGULATIONS O F T H E OFFICE O FINTERSTATE LAM) SALES REGISTRATION PROGRAM, CONSUMER FINANCIALPROTECTION BUREAU ( U M ) , I N ADVANCE O F YOUR SIGNING T H EAGREEMENT, THE AGREEMENT MAY BE CANCELLED AT YOUR OPTION FORTWO YEARS FROM THE DATE OF SIGNING.

IN WITNESS WHEREOF, the parties have executed this Agreement as of thedate first set forth hereinabove.

KIR:baser acknowledges receiptof Offering Plan and amendmentson 2 0

SPONSOR:

56111 AND PARK (NY) OWNER, LLC

By:Name:

PURCHASER(s):

By:Name:Title:Social Sec. Numberor Federal Tax ID:

PURCHASER(S)

By-Name:Title:Social Sec. Numberor Federal Tax ID:

Initials of Purchase:110:

24

SIAM OF NEW YORK )

COUNTY OF NEW YORK )

On the d a y Of i n the year b e f o r e me. the undersigned, personallyappeared , personally known to me or proved to me on the basis ofsatisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the Willitn instrumentand acknowledged to me that he/she/they executed the same in his/her/their capaeity(ies), and that byhis/her/their signature(s) on the instnunent, the individual(s), or the person on behalf of which theindividual(s) acted, executed the instrument.

COUNTY OF NEW YORK )

STATE OF NEW YORK

On the d a y of in the year b e f o r e me, the undersigned, personallyappeared , personally known to me or proved to me on the basis orsatisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrumentand acknowledged to me that he/she/they executed the same in his/her/their eapacity(les), and that byhis4teritheir signature(s) on the instrument, the individual(s), or the person on behalf of which theindividual(s) acted, executed the instrument.

; —

SS.:

SS.:

m—iv I I

Notary Public

Notary Public

PERIMETER OF PRESENT LOT 33 L O T S 33 44, 145 LOTS 45 46:

ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND. SITUATE,LYING AND BEING IN THE BOROUGH OF MANHATrAN, COUNTY,CITY AND STATE OF NEW YORK BOUNDED AND DESCRIBED ASFOLLOWS:

BEGINNING AT THE CORNER FORMED BY THE INTERSECTION OFTHE NORTHERLY SIDE OF EAST 561'11 STREET WITH THE WESTERLYSIDI'. OF PARK AVENUE;

SCHEDULE A

DESCRI l'TION OF THE LAND

RUNNING THENCE NORTHERLY ALONG THE SAID WESTERLY SIDEOF PARK AVENUE. 67 FEET I INCH;

THENCE WESTERLY PARALLEL WITH SAID NORTHERLY SIDE OFEAST 56TH STREET. 100 FEET;

THENCE NORTHERLY PARALLEL WITH SAID WESTERLY SIDE OFPARK AVENUE. 33 F M 4 INCHES TO THE CENTER LINE OF THEBLOCK;

THENCE WESTERLY ALONG THE CENTER LINE OF THE BLOCK 66FEET 9 INCHES;

THENCE NORTHERLY ON A LINE PARALLEL WITH MADISON AVENUEAND PARTLY THROUGH A PARTY WALL, OR DIVISION WALL, 100FEET 5 INCHES TO THE SOUTHERLY LINE OF 5711I STREET;

THENCE WESTERLY ALONG THE SAID SOUTHERLY LINE OF 5711STREET, 83 FEET 9 INCHES;

THENCE SOUTI 1ERLY, PARALLEL WITH MADISON AVENUE, PART OFTHE WAY THROUGI I A PARTY WALL STANDING PARTLY ON THE LOTOF LAND HEREBY DESCRIBED AND PARTLY UPON THE LOT OF LANDADJOINING THE SAME ON THE WEST 100 FEET 5 INCHES TO THECENTRE OF THE BLOCK BETWEEN 5611 I AND 57TH STREETS:

THENCE WESTERLY PARALLEL WITH 57TH STREET. AND ALONG%mt.) cENrRE LINE 01:11-IE BLOCK, 24 FEU 6 INCITES;

Schedule A- I

THENCE SOUTHERLY PARALLEL WITH SAID WESTERLY SIDE OFPARK AVENUE, 100 FEET 5 INCHES TO THE SAID NORTHERLY SIDE OFEAST 56TII STREET;

THENCE EASTERLY ALONG SAID NOR FHERLY SIDE OF EAST 56TI ISTREET, 275 FEET TO THE POINT OR PLACE OF BEGINNING.

PERIMETER OF LOT 43:

ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE.LYING AND BEING IN THE BOROUGH OF NIANHATIAN. COUNTY ANDSTATE OF NEW YORK AND BEING MORE PARTICULARLY DESCRIBEDAs FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHERLY SIDE OF EAST FIFTY-SEVENTH STREET, DISTANT TWO HUNDRED THIRTY-THREE (233)FEET THREE (3) INCHES EASTERLY FROM THE CORNER FORMED BYTHE INTERSECTION OF SAID SOUTHERLY SIDE OF EAST FIFTY-SEVENTH STREET WITH TIE EASTERLY SIDE OF MADISON AVENUE;AND

RUNNING THENCE SOUTHERLY AND PARALLEL WITH MADISONAVENUE AND PART OF THE WAY THROUGH A PARTY WALL. ONEIIUNDRED (100) FEET FIVE (5) INCHES TO THE CENTER LINE OF THEBLOCK;

THENCE EASTERLY ALONG SAID CENTER LINE OF THE BLOCK.SEVENTEEN (17) FEET, NINE (9) INCHES;

THENCE NORTHERLY A N D AGAIN PARALLEL WITH MADISONAVENUE AND PART OF THE WAY THROUGH ANOTHER PARTY WALLONE HUNDRED (100) FEET FIVE (5) INCHES TO THE SOUTHERLY SIDEOF EAST FIFTY SEVENTH STREET;

THENCE WESTERLY ALONG THE SAID SOUTHERLY SIDE OF EASTFIFTY-SEVENTH STREET, SEVENTEEN (17) FEET NINE (9) INCIIES TOTHE POINT AND PLACE OF BEGINNING.

SCHEDULE B

PERMITTED ENCUMBRANCES

1. B u i l d i n g and zoning laws and other regulations. resolutions andordinances (including, but not limited to. any variances or use regulations) and any amendmentsthereto now or hereafter adopted.

2. T h e terms, burdens, covenants, restrictions, conditions, easements andrules and regulations, all as set forth in the Declaration, the Condominium By-Laws (and theGeneral Rules and Regulations made thereunder). the Residential By-Laws (and the ResidentialRules and Regulations made thereunder) or the Commercial By-Laws (and the CommercialRules and Regulations made thereunder), as applicable, the Power of Attorney from Purchaser tothe Condominium Board, the Residential Board and Grantor or the Power of Attorney fromPurchaser to the Condominium Board, the Commercial Board and Grantor. as applicable, and theFloor Plans, all as may be amended from time to time.

3. A n y declaration or other instrument affecting the Property which Sponsordeems necessary or appropriate to comply with any Law, ordinance, regulation, zoningresolution or requirement of the Department of Buildings, the City Planning Commission. theBoard of Standards and Appeals. or any other public authority, applicable to the demolition,construction, alteration, repair or restoration of the Building or any portion or element thereof.

4. Consents by Sponsor or any former owner of the Land for the erection ofany structure or structures on, under or above any street or streets on which the Property mayabut.

5. A n y easement or right of use in favor of any utility company forconstruction, use, maintenance or repair of utility lines, wires. terminal boxes, mains, pipes,cables, conduits, poles, connections and other equipment and facilities on, under and across theProperty.

6. A n y easement or right of use required by Sponsor or its designee to obtaina temporary, permanent or amended Certificate of Occupancy for the Building or any part ofsame.

7. A n y encumbrance as to which the Title Company (or the title insurancecompany that insures Purchaser's title to the Unit) would be willing to insure, at its regular ratesand without additional premium, in a fee policy issued by it to Purchaser, that such encumbrancewill not be collected out of or enforced against the Unit Wit is a lien, or that such encumbrance isnot a blanket lien encumbering the Common Elements.

8. A n y other encumbrance. covenant, easement. am-cement. or restrictionagainst the Property other than a mortgage or other lien for the payment of money, which doesnot prevent the use of the Unit for its permitted purposes.

9. Revocability yaoift taxItice.nses for vault space, i f any. under the sidewalks andstreets and the lien of a

Schedule

10. Encroachments of trim, copings, retaining walls, stoops, bay windows,balconies, sidewalk elevators. fences, fire escapes, cornices, foundations, footings, chutes, fueloil lines, drainage and standpipes, and similar projections, if any, on, over or under the Propertyor the streets, sidewalks or premises abutting the Property, and the rights of governmentalauthorities to require the removal of any such projections, and variations between record lines ofthe Property and retaining walls and the like, if any.

11. Leases and service, maintenance, employment, concessionaire and licenseagreements, if any, of other Units or portions of the Common Elements.

12. T h e lien of any unpaid Common Charges. real estate tax, water charge orsewer rent, provided the same arc adjusted at the closing of title.

13. ' l i t e lien of any unpaid assessment payable in installments (other thanassessments levied by the Condominium Board or the Residential Board or the CommercialBoard, as applicable), except that Sponsor shall pay all such assessments due prior to the ClosingDate and Purchaser shall pay all assessments due from and after such date (however, the thencurrent installment shall be adjusted at the closing of title).

14. Franchise taxes and New York City Business Corporation taxes of anycorporation in the chain of title, provided that the Title Company would be willing in a fee policyissued by it to Purchaser, to insure that such taxes will not be collected out of the Unit.

15. Standard printed exceptions contained in the form of fee tide insurancepolicy then issued by the Title Company (or the title insurance company insuring Purchaser'stitle to the Unit).

16. A n y Certificate of Occupancy for the Building, so long as the samepermits, or does not prohibit. use of the Unit for its stated purposes.

and Purchaser.17, A n y lease or other occupancy agreement for the Unit made by Sponsor

18. A n y violations against the Property (other than the Unit) that are theobligation of the Condominium Board or another Unit Owner or Board to correct.

19. A n y state of facts which a guaranteed survey of current date or a personalinspection of the Property and the Unit would show; provided such state of facts would notprevent the use of the Unit for its stated purposes; although any encroachment of a portion of theUnit structure upon another Unit or Units or upon the Common Elements may remainundisturbed as long as the same shall stand.

20. Covenants and Restrictions in Libel- 1049 Cp. 530 as repeated in Liber1066 cp. 179 and Tiber 1968 cp 460. (Affects Lots 33. 43,44 and more. Lot 41)

21. Permanent Easements acquired b y The Metropolitan TransportationAuthority in Action entitled: -East Side Access Project (Deep Tunnel Easements...)" filed in theNew York County Clerk's Office under Index No. 400818/03. (Affects Lot 33)

Schedule B-2

22. Z o n i n g Lot Development Agreement dated 9/13/2006 made between 44East 57th St. Realty Corp., inc., as Seller and 440 Park Avenue Owner Associates LLC, asDeveloper, recorded on 10/25/2006 as CRFN 2006000596371. (Affects Lots 33, and 44. andmore, Lot 41).

23. Z o n i n g Lot Development Agreement dated as of 12/4/2006 betweenAngel Enterprises, L.L.C.. as Seller and 440 Park Avenue Owner Associates LLC, as Developer,recorded on 12/12/2006 as CRFN 2006000680850. (Affects Lots 33, and more, Lot 41 andDevelopment Rights parcel therein, Lot 42).

24. Z o n i n g Lot Development and Easement Agreement dated as of 9/29/2007by and between Dakotah Travel Co., LLC. as Seller, and 440 Park Avenue Owner Associates,LLC, as Developer, recorded on 10/29/2007 as CRFN *2007000542730. (Affects Lots 33. 41, 44,46 and 145- Parcels 1, 11, LII. IV and V).

25. Z o n i n g Lot Development and Easement Agreement dated as o f12/2312010 by and between 46 East 57th St. (NY), LLC. Owner and 440 Park Avenue (NY)Owner, LLC. Developer recorded 1/12/2011 as CRFN 2011000014567. (Affects Lots 33, 44,145, 46 and more, Lot 41, Developer Land, Lots 42 and 45. Air Rights Parcels therein, and Lot43, Owner Parcel).

26. Zon ing Lot Development Agreement made by and between 440 ParkAvenue (NY) Owner. LLC ("Owner") and 440 Park Avenue (NY) Owner, LLC ("Developer")dated as of 1 I.r2/2011 recorded I I/10/2011 as CRFN 2011000394772. (Affects Lots 33, formerLot 44. former Lot 145, 46 and 43, Developer's Land, and Lot 41. Owner's Land).

27. A l l other easements, covenants, restrictions and matters of record.

Schedule 0-3

56th and Park (NY) Owner, LLC515 Madison Avenue, 41'' MoorNew York, Nev, York 10022

Ladies and Gentlemen:

As a result of my/our final inspection, please be advised that except as otherwise noted, Ohre round thefollowing items in good condition, free of chips, mars, breaks or other defects:

Exceptions

Items

Windows, window frameselectric fixtures &Interior painted surfacesSinks. tubs, bowls & shower doors & trimKitchen cabinets & counter topsVanity tops & baseMedicine cabinets. doors & mirror1-lantwareFlooringAppliances

-1 e- I / w e understand Mal to prevent pilferage. cenain items such as medicine cabinet doors, shower heads,toilet seats. kitchen cabinets. vanity knobs and mechanical chimes will be installed just prior to my/ourdate of moving. I lwe agree and Ilvee will sign off each item requiring adjustment or rcpairs as it iscompleted,

Sponsorls Represemative

Re: U n i t No.432 Park Condominium

SCHEDULE C

INSPECTION STATEMENT

Initials i f any

Purchaser's Signature

Schedule C-1

Purchaser's Signature

ESCROW RIDER

To Agreement Sponwr: 50 rit AND PARK (NY) OWNER, LLCPurchaser(s):Escrow Agent: Kramer Levin Naftalis & Frankel LLP

This rider cFscrow Rider") to the captioned Agreement shall constitute a %Airitten agreementamong Sponsor. Purchaser and Escrow Agent with respect to the subject matter hereof.Capitalized terms used but not defined herein shall have the meanings ascribed thereto as setforth in the captioned Agreement andrbr the Plan, as applicable.

1. T h e law firm of Kramer Levin Naftalis & Frankel LLP, with an address at 1177 Avenueof the Americas, New York. New York 10036. and telephone number 212-715-9100, shall serveas escrow agent C'Escrow Agent") for Sponsor and Purchaser. Escrow Agent has designated thefollowing attorney' to serve as sienatory Jay A. Neveloff, Jonathan H. Canter, Paul S. Pearlman.Neil R. Tucker. James Godman and Howard J. Rothman. AU designated signatories, current orfuture, are or will be admitted to practice law in the State of New York. Neither the EscrowAgent nor any authorized signatories on the account are the Sponsor. Selling Agent, ManagingAgent, or any principal thereof, or have any beneficial interest in any of the foregoing.

2. E s c r o w Agent and all authorized signatories hereby submit to the jurisdiction of the Stateof New York and its Courts for any cause of action arising out of the Agreement or otherwiseconcerning the maintenance of release of the Deposit from escrow.

3. i d ,Escrow Agent has established the escrow account at Citibank N.A., 153 East 53 Street,New York. Ncw York 10022 and/or Israel Discount Bank of Nev.' York. 511 Fifth Avenue, NewYork. New York 10017 (individually or collectively, as the context requires, the "Bank"), eachof which is a bank authorized to do business in the State of New York, Each escrow account isentitled -432 Park Condominium Attorney Escrow Account" or similar name (each. the "EscrowAccount"). The Escrow Account is federally insured by the FDIC at the maximum amount ofS250.000 per deposit (the FDIC limit in effect as of the filing date hereof). Any deposit inexcess of S250.000 (or the FDIC limit in effect from time to time) will not be insured.

4. A l l Deposits received from Purchaser shall be made by unendorsed check drawn only ona member bank of the New York Clearing House Association made payable to "Michael. Levitt& Rubenstein. LI.C. as escrow agent." At the Sponsor's option, Sponsor may require that theDeposit and the Balance be made by Purchaser by wire transfer Co an account designated bySponsor.

5. T h e interest rate for all Deposits made into the Escrow Account shall be the prevailingrate for such accounts, which is fixed by the Bank (as defined above) and which will vary fromtime to time. As of May 3.1013, such rate at Citibank NA. was between 0.05% and 0.10% perannum and such rate at Israel Discount Bank was 0.10% per annum. The actual initial interestrate for the Escrow ACCOUnt %%ith rCSNet to any particular Purchaser's Deposit shall be set forthin the 110tICC t o b e sent to Purchaser (as described below). As noted, the interest rate on suchaccounts will fluctuate and neither Sponsor nor Escrow Agent makes any representation

Escrow Rider

regarding the rates that will be in effect from time to time or the actual rate of interest on, or theinterest that may accrue for any particular account or for any particular Purchaser. from time totime. Interest, i f any, shall begin to accrue upon placing the Deposit into the Escrow Account,however, no interest will be earned until the Deposit cheek is deposited with and collected by theBank and provided that the Purchaser has delivered the required number of completed and signedForm W-9 (Request for Taxpayer Identification Number) in the form reproduced as Exhibit I Ain Part 11 of the Plan or Form W-REN (Certificate of Foreign Status of Beneficial Owner forUnited Stales Tax Withholding) in the form reproduced as Exhibit I B in Part 11 of the Plan, asapplicable. to Sponsor or Selling Agent at the time Purchaser tenders the Deposit and theAereement. I f a Purchaser does not deliver the Form W-9 or Form W-8BEN. as applicable, theDeposit will be deposited in a non-interest-bearing escrow account at the aforesaid bank until theForm W-9 or Form W-8BEN has been delivered, and neither Sponsor, Selling Agent, the EscrowAgent nor the Bank shall be liable for interest for the period prior to the delivery of such form.Interest will not be earned after a withdrawal is made from the Escrow Account in anticipation ofthe closing. A l l interest earned on a Purchaser's Deposit shall be paid to or credited to thePurchaser at closing unless Purchaser has defaulted and Sponsor is entitled to retain the Deposit.No fees of any kind may be deducted from the Escrow Account, and Sponsor shall bear all costsassociated with the maintenance of the Escrow Account.

6. W i t h i n five (5) business days after the Agreement has been tendered to Escrow Agentalong with the Deposit, Escrow Agent shall sign the Agreement and place the Deposit into theEscrow Account. Within ten (10) business days of placing the Deposit into the Escrow Account,Escrow Agent shall provide written notice to Purchaser and Sponsor, confirming the Deposit.The notice shall provide the account number and the initial interest rate to be earned on theDeposit. A n y Deposits made for upgrades, extras, or custom work shall be initially depositedinto the Escrow Account, and released in accordance to the terms of a written agreement betweenPurchaser and Sponsor.

7. E s c r o w Agent is obligated to send notice to the Purchaser once the Deposit is placed inthe Escrow Account. I f the Purchaser does not receive notice of such deposit within fifteen (15)business days alter tender of the Deposit and execution of the Agreement by Sponsor. Purchaserand Escrow Agent, then Purchaser may cancel the Agreement within ninety (90) days aftertender of the Agreement and Deposit to Escrow Agent- Complaints concerning the failure tohonor such cancellation requests may be referred to the New York State Department of Law.Real Estate Finance Bureau, 120 Broadway, 23rd Floor. New York, N.Y. 10271. Rescissionshall not be afforded where proof satisfactory to the Attorney General is submitted establishingthat the Deposit was timely placed in the Escrow Account in accordance with the New YorkState Department of Law's regulations concerning Deposits and requisite notice was timelymailed to the Purchaser.

8. A l l Deposits, except for advances made for upgrades, extras, or custom work received inconnection with the Agreement, are and shall continue to be the Purchaser's money, and may notbe comingted with any other money or pledged or hypothecated by Sponsor. as per Gl3L * 352-I t

9. U n d e r no circumstances shall Sponsor seek or accept release o f the Deposit o f adefaulting Purchaser until after consummation of the Plan. as evidenced by the acceptance of a

Escrow Rider

post-closing amendment by the New York State Department of Law. Consummation of the Plandoes not whew the Sponsor of its obligations pursuant to GBL §§ 352-e(2-b) and 352-h.

10. T h e Escmw Agent shall release the Deposit if so directed:

(a) pursuant to terms and conditions set forth in the Agreement upon closingof title to the Unit; or

kb) i n a subsequent writing signed by both Sponsor and Purchaser; or

(c) b y a final, non-appealable order or judgment of a court.

If the Escrow Agent is not directed to release the Deposit pursuant to paragraphs (a) through (c)immediately above, and Escrow Agent receives a request by either party to release the Deposit.then the Escrow Agent must give both the Purchaser and Sponsor prior written notice of notfewer than thirty (30) days before releasine. the Deposit. I f Escrow Agent has not received noticeof objection to the release of the Deposit prior to the expiration of the thirty (30) day period. theDeposit shall be released and Escrow Agent shall provide further written notice to both partiesinforming them of said release. I f Escrow Agent receives a written notice from either partyobjecting to the release of the Deposit within said thirty (30) day period, Escrow Agent shallcontinue to hold the Deposit until otherwise directed pursuant to paragraphs (a) through (e)immediately above, Notwithstanding the foregoing, Escrow Agent shall have the right at anytime to deposit the Deposit contained in the Escrow Account with the clerk of the county wherethe Building is located and shall give written notice to both parties of such deposit.

Sponsor shall not object to the release of the Deposit to:

(a) a Purchaser who timely rescinds in accordance with an offer of rescissioncontained in the Plan or an amendment to the Plan; or

(b) a l l Purchasers after an amendment abandoning the Plan is accepted fortiling by the Department of Law.

The Department of Law may perform random reviews and audits of any records involving theEscrow Account to determine compliance with all applicable statutes and regulations.

_ _ 1 1 . A n y provision of any Agreement or separate agreement, whether oral or in writing, bywhich a Purchaser purports to waive or indemnify any obligation of Escrow Agent holding anyDeposit in trust is absolutely void. The provisions of the Attorney General's regulations andGBL §§ 352-e(2-b) and 352-h concerning escrow trust funds shall prevail over any conflicting orinconsistent provisions in the Agreement, Plan, or any amendment thereto.

12. Escrow Agent shall maintain the Escrow Account under its direct supervision andcontrol.

13. A fiduciary relationship shall exist between Escrow Agent, and Purchaser. and EscrowAgent acknowledges its fiduciary and statutory obligations. in each case, to the extent applicableunder GM- §§ 352(c)(2-b) and 352(h).

Escrow Rider

Exhibit K-2 [Marked pages to revised Description of Property and ... · SIC E Architects II 1...

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Transcript of Exhibit K-2 [Marked pages to revised Description of Property and ... · SIC E Architects II 1...