THE NEW YORK CITY 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 #: 11/18/2011 11/16/2016 12-4774 COFA 12-6800

ADDRESS BOROUGH: BLOCK/LOT: 1619 BROADWAY INDIVIDUAL LANDMARK THE BRILL BUILDING MANHATTAN 1021/19

Display This Permit While Work Is In Progress ISSUED TO: Mark Furman 1619 Brill Venture LLC CB Richard Ellis 1619 Broadway New York, NY 10019

Pursuant to Section 25-307 of the Administrative Code of the City of New York, the Landmarks Preservation Commission, at the Public Meeting of of November 16, 2010, following the Public Meeting of May 18, 2010 and the Public Hearing and Public Meeting of June 8, 2010, voted to approve the proposal for work at the subject premises, as put forth in your application completed on April 22, 2010, as you were informed in a Status Update Letter dated November 15, 2010. This approval expires November 16, 2016.

The proposal, as approved, consists of the installation of vinyl-clad signage supported by an exposed metal trelliswork at the east-facing Broadway facade and the south-facing West 49th Street facade, between the second and fourth floors; a projecting sign at the south-east corner of the building, from the fifth floor up to the ninth floor; and also roof-mounted billboards facing north and south, with projecting lights secured to the trelliswork, and with the vinyl signage in each area restricted to a maximum percentage of the trelliswork frame. The proposal, as initially presented, included a continuous signband covering at the second and third floors, and a projecting sign at the corner extending from the second floor to the window sills at the fourth floor, and the pair of roof-mounted signs, as shown in drawings 1 through 8, all dated May 18, 2010, and drawings A-320.00, A-321.00 and A-504.00, all dated September 21, 2009, with attached photographs and photo-montages. The proposal, seen on June 8, 2010, consisted of signs wrapping the corner of Broadway and West 49th Street at the second and third floors, a second sign at the north end of the Broadway facade, a projecting sign at the corner from the fifth floor to the ninth floor, and the pair of roof-mounted signs, and was shown in drawings 1, 2, 4, 6 and 7, all dated June 8, 2010, and drawing A-320.00, dated September 21, 2009. The approved proposal was shown in drawings 1 through 4, 7, and 7, and drawings titled ""Signage Massing", "Signage Precedents", and "View toward Times Square from 51st Street and Broadway", all dated November 16, 2010, prepared by Rogers Marvel Architects PLLC and submitted as components of the application by Shelly S. Friedman, Esq., and presented at the Public Hearing and Public Meetings.

In reviewing the proposal, the Commission noted that the designation report describes the Brill Building as an Art Deco style office building designed by Victor A. Bark, Jr., and built in 1930-31; and that the building has had roof-top signs since at least 1934. The Commission further noted that the property has two fully developed primary facades, facing Broadway and West 49th Street; and that historic photographs show large signs on the lower floors as well as those on the roof.

With regard to this proposal, the Commission found that that there is ample historic precedent for extensive advertising signage both at the second and third floors of the street facades and at the roof of this building; that the installation of the proposed signs will be in keeping with the Times Square location of this Individual Landmark, as well as with the character of the flat electrified signs, projecting signs, billboards, and marquees which existed on this building at different times, and will help to reinforce the relationship of this building to its site; that the placement of the signs recalls the ad hoc appearance of the historic signage that was placed on the facades of the building over different periods of time; -that historically the signs were placed on the building to achieve the most visibility from Times Square to the south, and that the corner location of the proposed signs is consistent with the historic approach to signage at the building; that the signage at the second and third floors has been designed to avoid damage to the finely detailed terra cotta banding at these floors, and will leave the terra cotta visible from the street; that the paired billboards on the roof are consistent with this building being at one of the pivot points on Broadway which makes the signs visible from many directions; that the proposed paired billboards, on top of the building and behind the parapet, will be located where large billboards have existed previously and will be relatively out of context from the street façades of the building, and therefore will not overwhelm or diminish the historic character of the building; and that for these reasons the proposed alterations are in keeping with the building, these two commercial streets, and the Times Square area. Based on these findings, the Commission determined that the work is appropriate to the building. The work, therefore, is approved.

However, the Commission made its determination subject to the condition that two sets of signed and sealed Department of Building construction drawings be submitted to the Commission for review.

Subsequently, on September 23, 2011, the Landmarks Preservation Commission received final drawings T-001.00, A-302.00, A-303.00, A-320A.00 through A-320H.00, A-321.00, A-504.00 and A-504A.00, all dated August 5, 2011, and S-100.02, S-200.00 through S-204.00, S-300.03, and S-301.03, all dated September 20, 2011, all prepared by Rogers Marvel Architects PLLC. Accordingly, the staff of the Commission reviewed the drawings, and found that the proposal approved by the Commission has been maintained. Based on this and the above findings, the drawings have been marked approved with a perforated seal, and Certificate of Appropriateness 12-6800 is being issued.

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

PAGE 2 Issued: 11/18/11 DOCKET: 12-4774 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 John Graham.

Robert B. Tierney Chair

PLEASE NOTE: PERFORATED DRAWINGS AND A COPY OF THIS PERMIT HAVE BEEN SENT TO: Shelly S. Friedman, Esq., Friedman and Gotbaum, LLP cc: Friedman and Gotbaum, LLP, attn: Shelly S. Friedman, Esq.; Rogers Marvel Architects, attn: Jonathan Marvel

PAGE 3 Issued: 11/18/11 DOCKET: 12-4774