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Tenth Amendment to Condominium

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Tenth Amendment to Condominium TENTH AMENDMENT TO CONDOMINIUM OFFERING PLAN 111 MURRAY STREET CONDOMINIUM 111 MURRAY STREET NEW YORK, NEW YORK 10007 DATED: ______., 2016 NY 76204894vl TABLE OF CONTENTS Section 1. SPECIAL RISK ............................................................................................................................... ] 2. ACCESSIBILITY COMPLIANCE AND BATHROOMS .............................................................. I 3. DESCRIPTION OF PROPERTY .................................................................................................... 2 4. INCORPORATION OF THE PLAN ............................................................................................... 2 5. DEFIN!TlONS ................................................................................................................................. 2 6. NO MATERIAL CHANGES ........................................................................................................... 2 Exhibits A. Updated Description of Property B. Certificate of Architect -1- NY 76204894vl TENTH AMENDMENT TO CONDOMINIUM OFFERING PLAN 111 MURRAY STREET CONDOMINIUM INTRODUCTION This Tenth Amendment (the "Amendment") modifies and supplements the terms of the Condominium Offering Plan for Ill Murray Street Condominium, 111 Murray Street, New York, New York 10007, dated June 2, 2015, as amended (the "Plan") and should be incorporated into and read in conjunction with the Plan. The terms of this Amendment are as follows: 1. SPECIAL RISK Special Risk No. 66 is hereby amended by adding the following language to the end thereof: "As set forth in the Description of Property, Sponsor is performing environmental work at the Property in accordance with the Remedial Action Work Plan. The removal of all contaminated materials covered by the Remedial Action Work Plan has been completed. Construction of the cap system is currently underway and it is anticipated to be complete by Fall of 2016 (subject to unforeseen conditions). Following completion of the cap system, the final engineering report will be submitted to the NYSDEC for sign off. Sponsor makes no representations as to when the NYSDEC will sign off on the work in connection with the Remedial Action Work Plan and, Purchasers are advised that there is a possibility as a result of a variety of factors beyond Sponsor's control (such as administrative back log), that the NYSDEC may not sign off on the work described in the Remedial Action Work Plan until after Unit closings have taken place. The foregoing shall not be a reason for a Purchaser to delay the closing of its Unit. Notwithstanding the foregoing, Sponsor shall remain obligated to remediate environmental conditions as required by applicable Law and the Remedial Action Work Plan." 2. ACCESSIBILITY COMPLIANCE AND BATHROOMS In order to comply with Accessibility requirements the A, B, C and D line Units located on Floors 7-15 in the Building will have t1oor mounted (as opposed to wall hung) toilets. The t1oor mounted toilets will be the same brand and of comparable quality as the previously described wall hung toilets. Please refer to the updated Description of Property annexed hereto as Exhibit A for further detail. -I- NY 76204894vl 3. DESCRIPTION OF PROPERTY The Description of Property included in Part II of the Plan has been amended and is annexed hereto as Exhibit A (the "Updated Description of Property"). The Updated Description of Property is intended to replace the copy of the Description of Property included in the Plan in its entirety. Annexed hereto as Exhibit B is an updated Certificate of Architect. 4. INCORPORATION OF THE PLAN The Plan, as modified and supplemented hereby, is incorporated herein by reference with the same effect as if set forth at length. 5. DEFINITIONS All terms used in this Amendment not otherwise defined herein shall have the same meanings ascribed to them in the Plan. 6. NO MATERIAL CHANGES Except as set forth in this Amendment, there have been no material changes of facts or circumstances affecting the Property or the offering. SPONSOR: HENRY V MURRAY SENIOR LLC -2- NY 76204894vl EXHIBIT A UPDATED DESCRIPTION OF PROPERTY NY 76204894vl DESCRIPTION OF THE PROPERTY AND BUILDING CONDITION: I I I Murray Street New York, New York I0007+ All capitalized terms used herein which are not separately defined herein shall have the meanings given to those terms in the Offering Plan for the Ill Murray Street Condominium (the '"Plan"). A. Location and Use of the Property: I. Address: Ill Murray Street New York, New York 10007 Borough of Manhattan 2. Block/Lot Number: Block 142, Lot 100 3. Zoning: C6-4 (R I 0 Equivalent) 4. Permissible Uses: Use Groups as Per New York City Zoning Resolution Residential 2 Commercial 6 The Property and proposed uses will comply with all zoning and use requirements. B. Status of Construction: I. Class of Construction: Erected Class (Class I B - Fireproof), conforming to all applicable regulations of the Building Code of the City of New York and all applicable Laws. 2. Status of Construction: The demolition of the existing structure on the development site was completed under work permit# 122055079-01-DM with the New York City, Department of Buildings (the "DOB"). Construction of the Building is scheduled to be substantially complete on or about First Quarter of 2019. The Plans and Specifications have been filed under application # 122132110 with the New York City Department of Buildings (the "DOB"). 3. Certificate of Occupancy: A Temporary Ce11ificate of Occupancy will be issued prior to initial occupancy. 4. Permits and Description: The Plans and Specifications for the Building were approved by the DOB in May 2015. C. Site: June I, 2016 Page I I. Size: The area of the development site is approximately 31 ,029 square feet. 2. Number and Use of the Building: There will be two buildings at the development site as follows: (a) A tower situated in the western portion of the site and consisting of fifty-nine (59) stories above grade (the "Tower Building"), and (b) An ancillary building situated on the eastern portion of the site consisting of three (3) stories above grade (the "Ancillary Building"). The Tower Building and the Ancillary building are referred to collectively as the "Building" or the "Property". The Tower Building and the Ancillary Building will be connected below ground by a Club Floor occupying the entire development site. The Club Floor will extend under the Tower Building, the Ancillary Building as well as the Plaza and Private Garden .. There are Elevator Pits, Ejector Pits, Storm Detention Tanks and a Pool Equipment Room below the Club Floor. The Ground Floor in the Tower Building will contain two (2) Commercial Units ("Commercial West-! & Commercial West-2"), the Residential Lobby, Lounge, and Dining Room. The 2nd Floor in the Tower Building will contain mechanical spaces accessory to the Residential Units and the Bike Room. The 3'' Floor in the Tower Building will contain mechanical spaces accessory to the Residential Units. The 31" Floor in the Tower Building will contain mechanical spaces accessory to the Residential Units. The 56'" Floor in the Tower Building will contain mechanical spaces accessory to the Residential Units. The Rooflevel in the Tower Building will contain mechanical spaces accessory to the Residential Units. Floors seven (7) through PHI of the Tower Building will contain 157 Residential Units excluding mechanical levels. The Ancillary Building will contain a Commercial Unit ("Commercial East") and the service entrance to the Tower Building on the Ground Floor. Mechanical spaces accessory to the Residential Units will be located on the 2nd and 3rd Floors. The Club Floor-will contain a Spa and~Fitness Center with locker rooms, Spa Pool, two (2) Swimming Pools, Children's Play Room, Game Room, Media Room, Tenant Storage, Building Storage, Staff Locker Rooms, Super's Office and mechanical spaces accessory to the Residential and Commercial Units. 3. Streets: The Property is abutted by West Street to the West and Murray Street to the South. West Street and Murray Street are public streets. Murray Street is owned and maintained by the City of New York, whereas West Street is owned and maintained by the State of New York. Murray Street is paved with asphalt and has steel faced curbing. West Street is paved with asphalt and has granite faced curbing. 4. Sidewalks and Ramps: The sidewalk on Murray Street adjacent to the Property is to be paved with typical concrete sidewalks, free of tripping hazard and ponding. The Sidewalk on West Street adjacent to the Property is to be paved with decorative blue stone pavers, free of tripping hazard and pending. June I, 2016 Page 2 Sidewalks are pitched to drain to catch basins in the public streets. Street lighting will be provided, operated and maintained by the City of New York. The Condominium will be responsible for maintaining the sidewalks in accordance with applicable Laws. D. Utilities: I. Electricity: Electricity will be provided by Consolidated Edison Company, ("Con Edison"), a regulated company. The total electricity consumed by the Building (other than the Commercial Units) will be master-metered. Each Residential Unit shall be sub metered to monitor the electrical usage in each Unit. The electricity consumed within the Commercial Units will be directly metered. 2. Gas: Gas will be provided by Con Edison. Gas for the Residential Units (including all gas used for cooking and fireplaces) and the Residential Common Elements will be collectively metered.
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