ELEVENTH AMENDMENT TO THE CONDOMINIUM OFFERING PLAN FOR 540 WEST CONDOMINIUM. 540 West 49th Street & 545 West 48th Street New York, NY

Transcription

1 ELEVENTH AMENDMENT TO THE CONDOMINIUM OFFERING PLAN FOR 540 WEST CONDOMINIUM 540 West 49th Street & 545 West 48th Street New York, NY Sponsor: FPG CLINTON ACQUISITION, LLC 45 Main Street, Suite 800 Brooklyn, NY Dated: November 9, 2015 THIS AMENDMENT MODIFIES AND SUPPLEMENTS THE TERMS OF THE OFFERING PLAN DATED OCTOBER 23, 2013 THE FIRST AMENDMENT FILED OCTOBER 31, 2013 THE SECOND AMENDMENT FILED NOVEMBER 15, 2013 THE THIRD AMENDMENT FILED DECEMBER 11, 2013 THE FOURTH AMENDMENT FILED JANUARY 8, 2014 THE FIFTH AMENDMENT FILED MARCH 5, 2014 THE SIXTH AMENDMENT FILED MARCH 12, 2014 THE SEVENTH AMENDMENT FILED DECEMBER 22, 2014 THE EIGHTH AMENDMENT FILED JANUARY 2, 2015 THE NINTH AMENDMENT FILED MARCH 20, 2015 THE TENTH AMENDMENT FILED APRIL 3, 2015 AND SHOULD BE READ IN CONJUNCTION THEREWITH.

2 ELEVENTH AMENDMENT TO THE CONDOMINIUM OFFERING PLAN FOR 540 WEST CONDOMINIUM The Condominium Offering Plan, dated October 23, 2013, (the Plan ), is hereby amended as follows: 1. The closing of title to the first unit in the condominium occurred on May 21, 2015 at the law office of TSYNGAUZ & ASSOCIATES, P.C., located at 894 6th Avenue, 3rd fl., New York, NY Sponsor caused the condominium declaration to be recorded on May 19, 2014 in the Office of the Register of the City of New York in CRFN The New York City Department of Buildings issued a temporary certificate of occupancy for the North Tower, having an address at 540 West 49th Street, New York, NY 10019, on May 18, The certificate of occupancy is current and expires on January 27, Its copy is attached hereto as exhibit Sponsor anticipates a final certificate of occupancy for the North Tower by the end of To secure the final certificate of occupancy, Sponsor deposited with Mikhail Litt, the escrow agent, the sum of $10, as per the certification of Sponsor s architect, Navid Maqami. A copy of the certification is attached hereto as exhibit Sponsor opened working capital fund account with Bank United, located at 2159 Coral Way, Miami, FL As of June 30, 2015, there was $51, in the working capital fund. 8. Sponsor opened operating account with Bank United, located at 2159 Coral Way, Miami, FL As of June 30, 2015, there was $30, in the working capital fund. 9. The following is a list of all unsold units held by the Sponsor, which are not in contract: Unit Monthly common charges Monthly real estate taxes 104N $1, $ N $1, $ PH1N $1, $ PH3N $1, $

3 PH4N $1, $ PH6N $1, $ S $ $91.45 Total $9, $1, None of the units are occupied by tenants. 11. None of the units are encumbered by mortgages. 12. Sponsor is current on all its financial obligations relating to the condominium and has no financial obligations which will become due within the next twelve (12) months, other than payment of common charges and real estate taxes. Sponsor makes payment of all its financial obligations from its operating account. Sponsor is currently solvent. 13. Sponsor still controls the board of managers. Sponsor will relinquish the control on May 21, 2018 or whenever Sponsor or Sponsor-designee will transfer title to units, the percentage common interest of which, in the aggregate, equals more than 50% whichever first occurs. 14. The term of the Plan is extended for an additional six (6) months from the date this amendment is accepted for filing. 15. Other than as expressly set forth herein, there are no other changes to the Plan, and the terms of the Plan remain in full force and effect. Dated: New York, New York November 9, 2015 Sponsor FPG CLINTON ACQUISITION, LLC 2

4 Exhibit 1

5 Certificate of Occupancy CO Number: Page 1 of T004 This certifies that the premises described herein conforms substantially to the approved plans and specifications and to the requirements of all applicable laws, rules and regulations for the uses and occupancies specified. No change of use or occupancy shall be made unless a new Certificate of Occupancy is issued. This document or a copy shall be available for inspection at the building at all reasonable times. A. Borough: Manhattan Block Number: Certificate Type: Temporary Address: 540 WEST 49 ST Lot Number(s): 55 Effective Date: 10/29/2015 Building Identification Number (BIN): Expiration Date: 01/27/2016 Building Type: New This building is subject to this Building Code: 2008 Code For zoning lot metes & bounds, please see BISWeb. B. Construction classification: 1-B (2008 Code) Building Occupancy Group classification: R-2 (2008 Code) Multiple Dwelling Law Classification: HAEA C. D. E. No. of stories: 7 Height in feet: 66 No. of dwelling units: Fire Protection Equipment: Standpipe system, Fire alarm system, Sprinkler system Type and number of open spaces: None associated with this filing. This Certificate is issued with the following legal limitations: None 56 Outstanding requirements for obtaining Final Certificate of Occupancy: There are 23 outstanding requirements. Please refer to BISWeb for further detail. Borough Comments: None Borough Commissioner DOCUMENT CONTINUES ON NEXT PAGE Commissioner

6 Certificate of Occupancy CO Number: Page 2 of T004 Floor From To Permissible Use and Occupancy All Building Code occupancy group designations below are 2008 designations. Maximum persons permitted Live load lbs per sq. ft. Building Code occupancy group R-2 F-2 Dwelling or Rooming Units Zoning use group Description of use CEL OG 2 2 TWO (2) CLASS "A" APARTMENTS, MECHANICAL, ELECTRICAL AND UTILITY EQUIPMENT ROOMS, COMPACTOR ROOM, LAUNDRY ROOM, BOILER AND PUMP ROOM, ACCESSORY FITNESS ROOM R FOUR AND TWO-HALF (4 & 2/2) CLASS 'A' APARTMENTS, LOBBY, ACCESSORY LOUNGE AND BICYCLE ROOM R SEVEN AND TWO-HALF (7 & 2/2) CLASS 'A' APARTMENTS R NINE (9) CLASS 'A' APARTMENTS (EACH FLOOR) R FIVE (5) CLASS "A" APARTMENTS (TOWER "B") RO F 100 R-2 2 ACCESSORY RESIDENTIAL PRIVATE OUTDOOR TERRACES THESE PREMISES 540 W 49 ST, 545 W 48 ST,514 W 49 ST, 521 W 48 ST,523 W 48 ST, & 525 W 48 ST CONSISTING OF TAX LOT 56,55,8,9,10,43,20,19,18 HAVE BEEN DECLARED ONE ZONING LOT AS PER SECTION OF THE ZONING RESOLUTION AND HAVE BEEN RECORDED AT THE OFFICE OF THE CITY REGISTER UNDER CRFN# END OF SECTION Borough Commissioner END OF DOCUMENT Commissioner /004 10/29/2015 4:20:45 PM

7 Exhibit 2

8