To:202-214 West 85 Owners Corp., Owner (the “Corporation”)

c/o Pride Property Management Corp., (the “ Managing Agent”)

11 New Street

Englewood Cliffs, NJ 07632

re:Shareholder Unit #______

______West 85th Street

New York, NY 10024

Pursuant to paragraph 21 of my Proprietary Lease, I hereby request permission to install the equipment and make the alterations described in the annexed documents (hereafter collectively referred to as the “Work”) in said unit. If the corporation grants such permission:

  1. I agree, before any work is begun:

(a)To provide you with a complete an conformed copy of every agreement made with contractors and suppliers

(b)If required by law or governmental regulations, to file professionally prepared plans with an procure the approval of all said governmental agencies having jurisdiction over the work and, not more than ten days after receipt of such approval, to deliver to you a copy of every permit or certificate issued. If there be any doubt as to the need for such approval, the Corporation shall be the sole arbiter in resolving the doubt, but this notwithstanding, nothing herein shall be construed as the Corporation’s waive of or assumption of my sole responsibility hereunder for such filing and my sole responsibility for any fees, fines, penalties, or other damages resulting from my failure to obtain the necessary approvals from governmental agencies.

(c)To procure from my contractor(s):

(i)Comprehensive personal liability and property damage insurance polieis, each in the amount of not less than $1 million, which policies name you and your Managing Agent, as well as myself, as parties insured. Such policies shall provide that they may not be terminated until at least tend days after written notice to you; and

(ii)Workmen’s compensation and employees liability insurance policies covering ll employees of all the contractors and subcontractors.

(iii)All such policies or certificates evidencing their issuance shall be delivered to the Managing Agent

  1. If you are required or shall deem it prudent to seek legal, engineering, or architectural advice prior to granting permission, I agree to reimburse you, on demand, for reasonable fees incurred, and if permision be granted, then in any event, prior to the commencement of any work.
  1. It is understood that:

(a)I assume all risks of damage to the building and its mechanical systems, and to persons and property in the building which may result from or be attributable to the Work, and all responsibility for the maintenance and repair of any alterations and installations after completion. This responsibility covers all work, whether or not structural, and including, without limitation, that related to waterproofing of every part of the building directly or indirectly affected by the Work, and maintenance of all heating, plumbing, air-conditioning, and other equipment installed or altered pursuant hereto. If the operation of the building or any of its equipment is adverseley affected by the Work, I shall, when so advised, promptly remove the cause of the problem at my sole cost and expense.

(b)I recognize that there will be no change in the operation of the building’s heating sytem, air-conditioning system, if any, or any other infrastructural system to facilitate the functioning of any heating air-conditioning units, or special electrical or plumbing equipment or fixtures that I might be installing.

(c)The alterations and materials used in the Work shall be of a quality and style compatible with the general character of the building both in general and pursuant to the provisions of the Renovations Guidelines of the Corporation’s House Rules.

(d)I do hereby undertake to indemnify you, your Managing Agent, and all other residents of the building for any damages suffered to person or property as a result of the Work performed hereunder, whether or not caused by negligence, and to reimburse you and your Managing Agent for any expenses (including, without limitation, attorneys’ fees and disbursements) incurred as a result of my Work

(e)If, after making any alterations or installations of any equipment referred to herein, there at any time shall arise a question, at your sole discretion, of any negative impact of said alterations or installations on the infrastructural operations of the building or on the viability of other residents’ units, neither your original approval of such alterations or installations notwithstanding, nor the validity of such question not yet having been resolved, legally ajudicated, or conclusively professionally demonstrated withinstanding, and I shall:

(i)seek to exercise my right to terminate my Proprietary Lease pursuant to paragraph 35 thereof, I will, at your demand, but at my sole cost and expense, either restore the premises and equipment to its original configuration or otherwise perform such work as is necessary, in your and your professional consultatnts’ opition, at your sole reasonable discretion, to eliminate said negative impact, and I hereby agree to waive said right of termination of Proprietary Lease pending my performance hereof to your satisfaction;

(ii)seek to transfer the corporate shares allocated to the apartment and the Proprietary Lease appurtenant thereto, I wil, if you so request, either undertake to perform the restoration or reconfiguation as provided for in Paragraph 3 (e)(i) above, or provide you with an agreement by my Transferee to assume all of my obligations hereunder, including my continuing obligations and understanding expressed in Paragraph 3 (a-d) and I hereby waive my right to transfer the shares until this condition be met.

  1. I warrant that I shall cause my contractor(s) to comply with all guidelines, conditions, work schedules, conduct of work provisions, and prohibitions provided for by the Corporation’s House Rules, expressly including Part III, the Renovation Rules, which shall constitute contract documents, as provided for in the Rider to the Renovation Agreement, and I specifically agree that, in the event of my failure to keep the building reasonably free of dirt and dust during my Work, that the Corporation has the right to order any required number of extra cleanings of the common areas at my sole cost and expense.
  2. I will bear the entire cost of my alterations and installations and pay all bills incurred in connection therewith, no later than thirty days after the completion of the Work. If any mechanic’s liens be filed for work claimed to have been done or material alleged to have been supplied, I shall cause such liens to be discharged within ten days after such filing. If I fail to do so, you may exercise any or all of your rights and remedies under the Proprietary Lease of this Agreement, at my sole cost and expense.
  3. At the completion of the Work, I will deliver to you an amended Certificate of Occupancy and a certificate of the Board of Fire Underwriters, if either be required, and such other proof as may be necessary to indicate all work has been done in accordance with all applicable laws, ordinances and government regulations.
  4. I recognize that by granting consent to the Work, you do not profess to express any opinion as to the design, feasibility, or efficiency thereof, and do not assume any responsibility therefor, which responsibility remains solely mine in every respect.
  5. My failure to comply with any of the provisions hereof shall be deemed a breach of the provisions of the Proprietary Lease, pursuant to which your consent has been granted, and in addition to all other rights, you may also suspend all Work and prevent workmen from entering my unit for any purpose other than to remove their tools or equipment.
  6. This Agreement may not be changed orally. This Agreement shall be binding on you , me, and our personal representatives and authorized assigns.

Attached here to are the Work documents and a rider of two pages, which is made a part of this agreement.

Dated this ______day of ______, 20______.

______

Shareholder

______
Shareholder

Permission Granted:

202-214 West 85 Owners Corp.

______

Rider to Renovation Agreement

Rider to the Renovation Agreement executed on ______

Between 202-214 West 85 Owners Corp. (the “Corporation”) and

______(the “Shareholder(s)”, in re the

renovation of Apartment Unit ______(the “Unit”) at ______West 85th Street,

New York, NY.

I/We, the undersigned Shareholder(s), applying to the Board of Directors (the “Board”) of the Corporation for authorization to renovate the aforementioned Unit understand and agree to the following stipulations and understandings in their entirety:

  1. The Unit, the shares related to which I have purchased, is and shall remain the property of the Corporation, and the right to renovate or otherwise modify the unit in any way may be conferred only by the Corporation, subject to reasonable consideration by the Board as to the effect of the proposed modifications upon the viability of the Corporation and the interests of the majority of the shareholders thereof, said effect and interests entailing, without limitation, reasonable considerations and assumptions regarding their impact upon the infrastructural systems, upon neighboring apartment units and their residents, and upon the future marketability of the Unit.
  1. The Corporation’s House Rules, expressly including Part III, the Renovation Rules (as such may be amended or modified from time to time), constitute contract documents both in connection with my Renovation Agreement and my Agreement with my contractor.
  1. The Corporation, through its designated Agent, shall have the right of access to the Unit at all reasonable hours during all stages of the renovation, and expressly throughout the daily work hours of the renovation, for the purpose of inspecting the work and materials to be used therein, and the right as well, to be apprised of impending cover-up of certain work, including without limitation, the plumbing work, at least 48 hours prior to said cover-up, and if such prior notification shall not be so provided, then the Corporation shall have the right to order the uncovering of the work in question at my/our sole cost and expense.
  1. The Corporation shall have the right, through its designated Agent, to impose significant fines upon me/us in connection with breaches of our Renovation Agreement in connection with the deviation from approved parameters of the approved workscope and specifications of the work and materials and provisions for the conduct and execution of work. Said fines, furthermore, may be increased or escalated in connection with instances or repeated or continuing such violations or imposed on a per diem basis in connection with my/our failure to timely cure stipulated violations or to comply with a Stop Work order. Appeals to rescind or reduce such fines may be made only in writing to the Board, whose decisions shall be final.

Rider to Renovation Agreement

Page 2 of 2

  1. The Corporation has the right to deduct the aforementioned fines from my/our renovation deposit. I/we must keep said deposit current at all times during the renovation, my failure to do so being sufficient reason for the Corporation to issue a Stop Work order.
  1. If I/we have not been required to file my renovation with the NYC Department of Buildings upon the stipulation of my architect or engineer that such filing is not required, the Corporation shall nevertheless have the right to order said filing of the work with the Department of Buildings at any time it deems the work, either for reason of its having exceeded the parameters or scope specified in this Renovation Agreement, or for reason of the Board’s receiving information to the effect that the work should have been properly filed originally, my/our architect’s or engineer’s stipulation notwithstanding. In such case the Board may issue a binding Stop Work order until such filing is complete.
  1. I/we shall be responsible for the payment of all fees and permits my/our renovation may ultimately require, including without limitation such fees as may normally be deemed the responsibility of the Corporation, such as (by way of example only), fees required in connection with a necessitated change in the Certificate of Occupancy of the building.
  1. If any of the clauses or conditions imposed herein or elsewhere in the contract documents, or the Corporation’s interpretation or administration of same shall be deemed in a court of law to be unenforceable or improperly interpreted or administered, said ruling shall have no bearing either on the force or enforceability of the remaining clauses and conditions thereof or on the Corporation’s right to interpret and administer same according to its understanding thereof.
  1. I/(we) acknowledge that the Corporation’s written consent is required prior to the commencement of any demolition, renovation or construction work. I/(we) also acknowledge that noisy work is permitted only between the hours of 8:30 am and 5:30 pm on Mondays through Fridays, excluding Federal holidays.

Agreed this, ______day of ______.

Shareholder(s)

Form of Consent Letter to be sent by Managing Agent

Date

Shareholder

Address

Dear ______:

At its meeting on [Date], the Board reviewed your Application for Renovation and the supplementary information provided.

The Board provides its consent to commence work as described in the Application subject to the following conditions:

  1. Completion of all required documentation prior to commencement of work. This includes returning a signed acknowledgment copy of this letter to my office.
  2. You adhere at all times to the Renovation Rules and Procedures contained in the House Rules as well as the Blumberg Renovation Agreement and Rider.
  3. Adhere to permitted work rules of Monday through Friday 8:30 am to 5:30 pm. No work is permitted on Federal holidays.
  4. If plumbing work is completed, all un-renovated plumbing must be replaced back to the riser.
  5. You notify my office in writing at least 48 hours prior to the closing of any walls, floors or ceilings in order to permit an inspection should one be required by the Board and agree not to close such areas until you have received written consent to do so.
  6. This consent is valid for six months from the date work commences.
  7. You provide a renovation deposit in the amount of $______.
  8. [Other conditions]

Please indicate your agreement to these conditions by signing and returning a copy of this letter to my attention prior to the commencement of any work.

Sincerely,

Pride Property Management Corp.

As Agent for 202-214 West 85 Owners Corp.

Justin Clayton

Property Manager

I/We agree to the conditions of the consent provided.

______

Shareholder(s)