THE LANDMARKS PRESERVATION COMMISSION 1 CENTRE STREET 9TH FLOOR NORTH NEW YORK NY 10007 TEL: 212 669-7700 FAX: 212 669-7780 PERMIT CERTIFICATE OF APPROPRIATENESS

ISSUE DATE: EXPIRATION DATE: DOCKET #: COFA #: 10/26/2009 10/13/2015 07-2265 COFA 10-3878

ADDRESS BOROUGH: BLOCK/LOT: 980 HISTORIC DISTRICT 1391/14

Display This Permit While Work Is In Progress ISSUED TO: Aby J. Rosen, President 980 Madison LLC c/o RFR Holding LLC 390 Park Avenue, 3rd Floor New York, NY 10022

Pursuant to Section 25-307 of the Administrative Code of the City of New York, the Landmarks Preservation Commission, at the Public Meeting of October 13, 2009, following the Public Hearing and Public Meeting of October 24, 2006, and the Public Meetings of January 16, 2007, June 17, 2008, October 14, 2008, and January 13, 2009, voted to approve a proposal to alter the facades, to demolish rooftop and rear addition, construct an addition, and to establish a Master Plan governing the future installation of storefront infill, as put forward in your application completed on September 28, 2006.

The proposal, as approved, consists of the restoration of the building, including the removal of the windows at the third floor, and the installation of limestone panels; the restoration of the storefronts, including reestablishing the dark gray granite water table, and widths of the aluminum storefronts featuring a single display window and integrated signage; the installation of recessed tripartite one-over-one windows at the second floor, and paired recessed one-over-one windows at the fourth floor; the restoration of the aluminum sculpture over the Madison Avenue entrance; rebuilding the original projecting cornice; the demolition of the non-historic fifth floor, penthouse, bulkheads, and the floor area behind the façade; the construction of a double-height space setback approximately sixteen feet from the façade located partially behind the fourth floor façade, clad in glass; the construction of a three-story rooftop addition plus penthouse, resulting in an overall building height of 108;' the addition is setback four feet from the primary façade, and clad in glass and an aluminum horizontally arranged screen finished in a mid-tone bronze, featuring pivoting sections at the windows and curved corners, and a central setback portion on the Madison Avenue facade; and the demolition of the East 76th Street rear yard extension, and the one-story service entrance on East 77th Street, and the construction of a four-story rear yard extension clad in glass and an aluminum bronze finished screen. The proposal was shown on presentation documents dated October 2009, prepared by Foster & Partners, submitted as components of the application, and presented at the Public Meeting. The proposal, as initially presented at the Public Hearing of October 24, 2006, and Public Meeting on January 16, 2007, included a restoration plan for the existing building, the construction of a green roof, and two interconnected elliptical towers measuring 355' and 289' in height, as contained on presentation documents dated October 2006 and January 2007, documents titled "Storefronts, Selected Views, Historic Background, and Conditions Assessment" dated October 2006, and "View Study" dated January 2007; at the Public Meeting of June 17, 2008, a four-story addition plus penthouse at an overall building height of 116'6," with the bronze screen featuring an increased number of horizontals and dark red bronze finish, as contained on presentation documents dated June 16, 2008; and at the Public Meeting of January 13, 2009, a four-story addition plus penthouse, with the bronze screen finished in a light champagne bronze, as contained in presentation documents titled "June 16th 2008 with Revisions 'C'" dated January 2009, submitted as components of the application, and presented at the Public Hearing and Public Meetings.

In reviewing this proposal, the Commission noted that the Upper East Side Historic District designation report describes 980 Madison Avenue as a modern gallery building designed in 1948-50 by Walker & Poor; and that the building's style, scale, materials, and details are among the features that contribute to the special architectural and historic character of the Upper East Side Historic District. The Commission further noted that Certificate of Appropriateness 84-0140 (LPC 84-0919) was issued June 19, 1984, for window replacement at the second and fourth floors, and to open new rows of square, double-hung two-over-two aluminum windows on the third and sixth floors, finished to match the limestone; that Certificate of Appropriateness 84-0140 was amended on June 6, 1985 (LPC 85-1624) permitting the creation of a "Master Plan of Proposed Storefronts" for the ground floor; that Notice of Violation 85-0681 was issued on June 20, 1985 for "the installation of windows in non-compliance with LPC Certificate of Appropriateness 84-0140;" that Commission Denial 86-0032 (LPC 86-0236) was issued on March 17, 1986 denying the application to legalize the dark brown finished aluminum, paired one-over-one windows with dark tinted glass installed at the second through sixth floors, in non-compliance with Certificate of Appropriateness 84-0140; that Permit for Minor Work 85-0681 as amended, was issued October 27, 1986, to permit painting the window frames, stiles, rails and panning gray, and to replace the tinted glass with clear glass; and that Certificate of Appropriateness 86-0110 (LPC 86-1423) was issued May 23, 1986 for the removal of the glass and steel curtain wall at the sixth floor penthouse, and installing limestone panels and multi-paned wood casement windows and French doors, and the installation of mechanical equipment clad in simulated stone, on the penthouse roof.

With regard to this proposal, the Commission found that infilling the window openings at the third floor and in select locations at the fourth floor will restore the original rhythm of solid to void; that resetting the fourth floor windows deeper within the openings will allow for the restoration of the stone treatment around the windows; that the reinstallation of the cornice and restoring the original fenestration will return the building closer to its original appearance; that restoring the proportions and configuration of the various storefronts, featuring a marble base and transom, will reverse unsympathetic alterations and regularize the base of the building; that the removal of the fifth floor and rooftop additions and bulkheads will not eliminate any significant historic elements; that the existing purpose built gallery building has been compromised with visible rooftop addition and new windows, as part of its adaptive reuse as an office building; that these previous alterations have diminished the Art Moderne style of the building; that it is highly unlikely that the unusual, purpose-built façade, with no windows on the 3rd floor, would be restored to its original condition, and that the proposed work would enable the restoration of the Art Moderne façade, including the original solid stone façade, the stone treatment, rounded corners, fenestration pattern, recessed windows and storefront details; that a contrasting contemporary design for the addition strengthens the appearance of the restored building, and relates harmoniously with the collection of contemporary buildings within this historic district; that an addition that is horizontal in massing complements the horizontal massing of the existing building and relates well to the Art Moderne style of the building; that creating a transition point connecting the new addition to the building, allows for a full appreciation of the restored mass of the existing building; that the structure of the addition will relate to the proportions of stone modules on the façade and the aluminum materials relates to those of the windows in the existing building, thereby providing a harmonious dialogue between the addition and the existing building; that the careful detailing of the wall surfaces of the rooftop addition and the additions on East 76th and East 77th Streets will provide the texture found on brick buildings on both Madison Avenue and the side streets and elsewhere within the Upper East Side Historic District; that given the building's low profile and simple, planer box like massing, a multiple floor addition would not detract from the restored building or the variety of building heights found on Madison Avenue; that the height of the addition on both the East 76th Street and East 77th Street will relate harmoniously with the smaller scale

PAGE 2 Issued: 10/26/09 DOCKET: 07-2265 townhouses to the west; and that the overall height and massing of this visible addition will not overwhelm the historic building's scale and character. Based on these findings, the Commission determined the proposed work to be appropriate to the building and to the Upper East Historic District and voted to approve it. Therefore, Certificate of Appropriateness 10-3878 is being issued.

The Commission notes that the applicant is applying to the City Planning Commission for certain variances. Any changes to the design required by the City Planning Commission approval must be submitted to the Landmarks Preservation Commission for review and approval prior to the issuance of the final approval letter.

PLEASE NOTE: This permit is issued contingent upon the Commission's review and approval of the final Department of Building filing set of drawings. No work can begin until the final drawings have been marked approved by the Landmarks Preservation Commission with a perforated seal. Please submit these drawings to the Landmarks Preservation Commission staff when they become available.

This permit is issued on the basis of the building and site conditions described in the application and disclosed during the review process. By accepting this permit, the applicant agrees to notify the Commission if the actual building or site conditions vary or if original or historic building fabric is discovered. The Commission reserves the right to amend or revoke this permit, upon written notice to the applicant, in the event that the actual building or site conditions are materially different from those described in the application or disclosed during the review process.

All approved drawings are marked approved by the Commission with a perforated seal indicating the date of approval. The work is limited to what is contained in the perforated documents. Other work or amendments to this filing must be reviewed and approved separately. The applicant is hereby put on notice that performing or maintaining any work not explicitly authorized by this permit may make the applicant liable for criminal and/or civil penalties, including imprisonment and fines. This letter constitutes the permit; a copy must be prominently displayed at the site while work is in progress. Please direct inquiries to Carly Bond.

Robert B. Tierney Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO: Michael T. Sillerman, Esq., Kramer, Levin, Naftalis & Frankel LLP cc: Sarah Carroll, Director of Preservation/LPC; Jared Knowles, Deputy Director of Preservation/LPC

PAGE 3 Issued: 10/26/09 DOCKET: 07-2265