TWENTY-FIRST AMENDMENT TO CONDOMINIUM OFFERING PLAN HALCYON CONDOMINIUM 305 EAST 51ST STREET NEW YORK, NEW YORK 10022 Dated: December 3, 2015 #37887553_v1 Contents 1. CERTIFICATE OF OCCUPANCY ....................................................................................1 2. INCORPORATION OF THE PLAN ..................................................................................1 3. NO OTHER MATERIAL CHANGES ................................................................................1 4. DEFINITIONS .....................................................................................................................2 Exhibits A B Current TCO Architect’s Letter 1 TWENTY-FIRST AMENDMENT TO CONDOMINIUM OFFERING PLAN HALCYON CONDOMINIUM This Twenty-First Amendment modifies and supplements the terms of the Condominium Offering Plan for the premises known as the Halcyon Condominium (“Condominium”) and located at 305 East 51st Street, New York, New York 10022 (“Building”), dated March 22, 2013, the First Amendment dated April 25, 2013, the Second Amendment dated May 9, 2013, the Third Amendment dated June 17, 2013, the Fourth Amendment dated June 27, 2013, the Fifth Amendment dated August 1, 2013, the Sixth Amendment dated August 7, 2013, the Seventh Amendment dated August 26, 2013, the Eighth Amendment dated October 4, 2013, the Ninth Amendment dated November 5, 2013, the Tenth Amendment dated November 14, 2013, the Eleventh Amendment dated January 29, 2014, the Twelfth Amendment dated March 10, 2014, the Thirteenth Amendment dated May 30, 2014, the Fourteenth Amendment dated July 23, 2014; the Fifteenth Amendment dated September 19, 2014, the Sixteenth Amendment dated October 1, 2014, the Seventeenth Amendment dated October 28, 2014, the Eighteenth Amendment dated April 8, 2015, the Nineteenth Amendment dated May 18, 2015, and the Twentieth Amendment dated September 16, 2015 (the "Plan"), and should be read in conjunction with the Plan. The terms of this Twenty-First Amendment are as follows: 1. CERTIFICATE OF OCCUPANCY A, A temporary certificate of occupancy has been issued for the Building. Attached hereto as Exhibit “A” is a copy of the temporary certificate of occupancy. The permanent certificate of occupancy (“PCO”) has not yet been issued. B. Sponsor has funded a PCO escrow account (the “PCO Escrow Account”) from monies other than purchasers’ deposits to secure its obligation to procure a PCO and to comply with GBL § 352-e(2-b) and 13 NYCRR §20.3(t)(13), in the amount of $2,000,000. Since the initial funding of the PCO Escrow Account, substantial work has been completed. Sponsor now anticipates that it will cost $1,000,000 to procure the PCO, which has been certified by Sponsor’s architect. Attached hereto as Exhibit “B” is a copy of the letter of Sponsor’s architect. 2. INCORPORATION OF THE PLAN The Plan, as modified and supplemented herein, is incorporated herein by reference with the same effect as if set forth in length. All provisions of the Plan which are consistent with this amendment shall remain in effect. 3. NO OTHER MATERIAL CHANGES 1 Except as set forth in this Amendment, there have been no material changes in the Plan. 4. DEFINITIONS All capitalized terms expressly defined in this Amendment shall have the meanings given to them in the Plan. SPONSOR: 51st STREET MAIN LOT OWNER, LLC 2 EXHIBIT A CURRENT TCO EXHIBIT B ARCHITECT’S LETTER
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