TWENTY-FOURTH AMENDMENT
TO
CONDOMINIUM OFFERING PLAN
HALCYON CONDOMINIUM
305 EAST 51 ST STREET
NEW YORK, NEW YORK 10022
Dated:
#46346290 vl
Contents
1.
CERTIFICATE OF OCCUPANCY ...... ... ........................................................................... 1
2.
INCORPORATION OF THE PLAN ........ .......................................................................... 1
3.
NO OTHER MATERIAL CHANGES .................... .......... .. .... .. ............. ...... .... .. ...... ... ... ... ..2
4.
DEFINITIONS ........ ... ..... ......... ......................... .. ...... ... ...................... ... .. .. ..... ... .. .. ... .. .. .. ... ... 2
Exhibits
A
B
Current TCO
Architect's Letter
1
TWENTY-FOURTH AMENDMENT
TO
CONDOMINIUM OFFERING PLAN
HALCYON CONDOMINIUM
This Twenty-Fourth 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 5l51 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, the Twentieth Amendment dated September
16, 2015, the Twenty-First Amendment dated December 3, 2015, the Twenty-Second Amendment
dated February 23, 2016, and the Twenty-Third Amendment dated March 16, 2016 (the "Plan"),
and should be read in conjunction with the Plan.
The terms of this Twenty-Fourth 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. Pursuant to
the Twenty-First Amendment, the anticipated cost to procure the PCO as of December, 2015 was
$1,000,000. Sponsor's architect has now certified that the anticipated cost to procure the PCO is
$150,000, and the PCO Escrow Account will be reduced accordingly. Attached hereto as
Exhibit "B" is a copy of the letter of Sponsor's architect certifying the foregoing.
2.
INCORPORATION OF THE PLAN
l
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
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:
51 st STREET MAIN LOT OWNER, LLC
2
EXHIBIT A
CURRENTTCO
Page 1 of 4
Certificate of Occupancy
Bulldlngs
CO Number:
104560235T009
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:
01344
Certificate Type: Temporary
Address:
305 EAST 51 STREET
Lot Number(s):
7503
Effective Date:
04/07/2016
Expiration Date:
07/06/2016
Building Identification Number (BIN):
1039675
Building Type:
New
For zoning lot metes & bounds, please see BISWeb.
B.
1-8
(2008 Code)
Building Occupancy Group classification: R-2
(2008 Code)
Construction classification:
Multiple Dwelling Law Classification:
No. of stories:
c.
32
HAEA
Height in feet:
360
No. of dwelling units: 123
Fire Protection Equipment:
None associated with this filing.
D.
Type and number of open spaces:
None associated with this filing.
E.
This Certificate is issued with the following legal limitations:
None
Outstanding requirements for obtaining Final Certificate of Occupancy:
There are 27 outstanding requirements. Please refer to BISWeb for further detail.
Borough Comments:
None
Commissioner
Borough Commissioner
DOCUMENT CONTINUES ON NEXT PAGE
Page 2 of 4
Certificate of Occupancy
Bull dings
CO Number:
1045602351009
Permissible Use and Occupancy
All Building Code occupancy group designations are 1968 designations, except RES, COM, or PUB which
are 1938 Building Code occupancy group designations.
Floor
From To
Building
Maximum Live load Code
occupancy
persons lbs per
group
permitted sq. ft.
CEL
15
100
S-2
2
ACCESSORY ATTENDED OFF STREET
PARKING FOR (8) CARS IN CONJUNCTION
WITH SUBCELLAR
CEL
1
100
F-2
2
FIRE PUMP ROOM
CEL
3
100
S-2
2
TENANT STORAGE
CEL
2
100
F-2
2
SWITCHGEAR ROOM, WATER/STEAM ROOM,
GAS METER ROOM, TEL.ROOM, BUILDING
MAINTENANCE ROOM
CEL
8
100
R-2
2
STAFF LOUNGE
CEL
1
100
S-2
2
LAUNDRY ROOM
CEL
1
100
R-2
2
SUPER'S OFFICE
SUB
9
OG
S-2
2
ACCESSORY ATTENDED OFF STREET
PARKING FOR (8) CARS IN CONJUNCTION
WITH CELLAR
001
3
100
R-2
2
LOBBY/CONCIERGE/MAIL ROOM
002
23
75
R-2
3
LIBRARY (ACCESSORY)
003
40
R-2
8
2
(8) CLASS "A"APARTMENTS
004
40
R-2
8
2
(8) CLASS "A" APARTMENTS
004
40
S-2
2
TENANT STORAGE
-
Dwelling or
Zoning
Rooming
Units
use group Description of use
--
Commissioner
Borough Commissioner
DOCUMENT CONTINUES ON NEXT PAGE
Page 3 of 4
Certificate of Occupancy
Bulldlngs
CO Number:
104560235T009
Permissible Use and Occupancy
All Building Code occupancy group designations are 1968 designations, except RES, COM, or PUB which
are 1938 Building Code occupancy group designations.
Floor
From To
Building
Maximum Live load Code
persons lbs per
occupancy
permitted sq. ft.
group
005
1
Dwelling or
Rooming
Zoning
use group Description of use
Units
2
TENANT STORAGE
8
2
(8) CLASS "A" APARTMENTS
7
2
(7) CLASS "A" APARTMENTS
2
TENANT STORAGE
2
(6) CLASS "A" APARTMENTS
2
TENANT STORAGE
0.5
2
LOWER HALF OF ONE CLASS "A" DUPLEX
APARTMENT
R-2
0.5
2
UPPER HALF OF ONE CLASS "A" DUPLEX
APARTMENT
40
R-2
1
2
LOWER HALF OF TWO CLASS "A" DUPLEX
APARTMENTS
008
40
R-2
2
2
(2) CLASS "A" APARTMENTS
009
40
R-2
2
2
(2) CLASS "A" APARTMENT
009
40
R-2
1
2
UPPER HALF OF TWO CLASS "A" DUPLEX
APARTMENTS
40
R-2
5
2
(5) CLASS "A" APARTMENTS PER FLOOR
100
S-2
005
40
R-2
006
40
R-2
100
S-2
40
R-2
100
S-2
007
40
R-2
008
40
008
006
1
'
· 007
007
010
1
019
6
Commissioner
Borough Commissioner
DOCUMENT CONTINUES ON NEXT PAGE
Page 4 of 4
Certificate of Occupancy
Bulldlngs
CO Number:
.
104560235T009
Permissible Use and Occupancy
All Building Code occupancy group designations are 1968 designations, except RES, COM, or PUB which
are 1938 Building Code occupancy group designations.
Floor
From To
Building
Maximum Live load Code
persons lbs per
occupancy
group
permitted sq. ft.
Dwelling or
Rooming
Zoning
Units
use group Description of use
022
027
40
R-2
3
2
(3) CLASS "A" APARTMENTS PER FLOOR
022
030
40
R-2
3
2
(3) CLASS "A" APARTMENTS PER FLOOR
031
40
R-2
1
2
LOWER HALF OF TWO CLASS "A" DUPLEX
APARTMENTS
032
40
R-2
1
2
UPPER HALF OF TWO CLASS "A" DUPLEX
APARTMENTS
RO
F
1
100
F-2
2
ELEVATOR MACHINE ROOM
RO
F
2
100
F-2
2
MECHANICAL EQUIPMENT
NOTE: THESE PREMISES HAVE BEEN DECLARED TO BE ONE ZONING LOT AS PER ZR 12-10 OF THE ZONING RESOLUTION
CONSISTING OF LOTS 103, 48, 49, 50, 51 IN BLOCK 1344 AS RECORDED IN THE CITY REGISTER CRFN 2011000266964
END OF SECTION
Commissioner
Borough Commissioner
END OF DOCUMENT
104560235/009 4nt2016 3:18:06 PM
EXHIBIT B
ARCHITECT'S LETTER
c:
C3D ARCHITECTURE PLLC
51 st Street Main Lot Owner, LLC
600 Madison A venue
New York, NY 10022
Re:
Dated: 5.19.16
Certification Regarding Sponsor's Work and Costs to Obtain a Permanent
Certificate of Occupancy for Halcyon Condominium ("Condominium")
Offering Plan Filing No: CD 12-0232
Dear Sir/Madam:
The undersigned is the registered architect with respect to the development of the Condominium. 51 st
Street Main Lot Owner, LLC ("Sponsor") has retained the undersigned to supply this certification
regarding the remaining work and costs necessary for Sponsor to obtain a permanent certificate of
occupancy ("PCO") from the Department of Buildings of the City of New York for the Condominium.
The undersigned hereby represents and warrants that it is a professional limited liability company of
registered architects duly licensed in the State ofNew York.
This certification is being made specifically to be relied upon by (i) Holland & Knight LLP, as escrow
agent, ("Escrow Agent"), and (ii) Sponsor.
FOUNDATION FORCERTIFICA TION
In rendering this certification, the undersigned represents that it has an adequate basis to form the
opinions herein, and has considered the following:
1. the current state of construction of the Condominium, including all major building systems and
components;
2.
all documents related to the costs of outstanding construction work or sign-offs necessary to
complete construction of the Condominium, including without limitation, The New York City
Department of Buildings and its B-Scan List of Required Items.
3.
all documents related to all soft costs necessary to procure the PCO for the Condominium;
4.
all documents setting forth an estimated date for the procurement of the PCO for the
Condominium;
5.
all other reasonable and customary costs and fees likely to be incurred by Sponsor, including
without limitation, all expeditors' fees and Department of Buildings fees, to procure a PCO from
the Department of Buildings covering the entire Condominium; and
6.
all other documents or instruments the undersigned deems necessary or appropriate for rendering
this certification.
307 7th Avenue Suite 1407 New York, New York 10001 212 233 3100 T 212 233 3101 F
C3DArchitecture.com
C3D ARCHITECTURE PLLC
PROFESSIONAL OPINION
Based on the undersigned's examination, inspection and consideration of the foregoing, it is the
undersigned's professional opinion that $150,000.00 is the reasonable cost of the work to obtain a PCO
for the entire Condominium.
This professional opinion is limited to the matters stated herein. It is not intended as a guarantee or
warranty of the physical condition of the Condominium or that construction and ministerial acts will be
carried out.
CERTIFICATION
In addition to the foregoing, the undersigned certifies that:
(i) this letter affords Escrow Agent an adequate basis upon which to release that portion of
purchasers' deposits and funds which are in excess of the amount set forth above, to Sponsor
prior to the procurement of the PCO for the Condominium;
(ii) the amount set forth above is an amount which represents all reasonable costs and work necessary
for Sponsor to procure a PCO for the entire Condominium;
(iii) the undersigned is not owned or controlled by and has no beneficial interest in Sponsor; and
(iv) the undersigned's compensation for preparing this letter is not contingent on the conversion of the
property to a condominium or on the profitability or price of the offering.
Yours faithfully,
ARCHITECT:
C3D Architecture PLLC a New York Professional
Limited Liability Company
By:
Acknowledged and accepted:
51 st Street Main Lot Owner, LLC
By:
Name:
Title:
307 7th Avenue Suite 1407 New York, New York 10001 212 233 3100 T 212 233 3101 F
C3DArchitecture.com