WOODSTOCK OWNERS CORP. c/o Orsid Realty Corp Broadway 2nd Fl. New York, NY 10019
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1 Dear Shareholder: WOODSTOCK OWNERS CORP. c/o Orsid Realty Corp Broadway 2nd Fl. New York, NY WINDOW AND AIRCONDITIONER ALTERATION AGREEMENT EFFECTIVE DATE (Date signed by the Corporation) RE: Shareholder Apartment 320 East 42nd Street The Woodstock Owners Corp. (the Corporation ) hereby grants its consent to you to perform the window and air-conditioning alterations in the above-captioned apartment in accordance with (1) the Certificate of Appropriateness COFA # issued by the Landmarks Preservation Commission; (2) the architectural plans and scope of work entitled LPC Window Replacement Master Plan, prepared by Acheson Doyle Partners Architects, PC, consisting of drawings dated itemized on Schedule A attached hereto (hereinafter called the "Window Alteration"), subject to the terms and conditions set forth below. 1. You are responsible for all costs and fees with respect to the installation of your windows and air conditioners, including expenses incurred by the Cooperative with respect to your apartment. You shall reimburse the Corporation and Orsid Realty Corp. for all fees and charges incurred by either of them in connection with your Window Alteration, including charges for inspections during or upon completion of the alteration. 2. You will enter into a contract with the window installer approved by the Corporation (hereinafter the Contractor ) using a form of contract to be approved in advance by the Corporation (the Installation Contract ). The Installation Contract will require that the Contractor complies with the following requirements, however it is your responsibility to see that the Installation Contract is complied with by the Contractor. 3. Both you and the Contractor will: (a) comply with all applicable laws, rules, regulations and ordinances and obtain approvals from all governmental authorities and agencies having jurisdiction, including but not limited to the Department of Buildings and the Landmarks Commission; (b) provide the necessary applications for such approvals, which must be approved and signed by the Corporation before filing. (c) take all precautions to prevent dirt and dust from permeating other parts of the building during the progress of the Alteration. Materials and rubbish must be placed in 55 gallon rolling rubber type barrels or double bags before being taken out of the apartment daily. All such barrels or bags, rubbish and rubble, discarded equipment, empty packing cartons and other materials must be removed from the street within two hours of being placed at same, at your DOCX;1
2 expense. If the Contractor fails to remove dirt, dust, debris or rubbish, the Corporation shall do so at your cost and expense; (d) only use the service elevator for workers, delivery and removal of supplies and materials, and only at such times as the Superintendent of the Building may direct. All workers must use the service elevators ONLY; they may not use the passenger elevators for any reason. The service elevator may be used only between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday for the Window Alteration; (e) not permit any garbage container to be left overnight in front of the Building. (f) take all precautions necessary to prevent injury to the carpeting and paint in the building's stairwells, vestibule and elevators (including the doors and appurtenances) and to the common areas during the progress of the work by installing sheets of masonite or construction paper to the subject areas. A damp rug should be provided at the apartment front door to avoid dust and dirt going into the building's stairwell and elevators. Such halls will be cleaned at your expense at the end of each work day. If your alteration mars or damages the hallway, stairs, or elevator, you may repair them at your expense upon the completion of the work or you will promptly pay all bills for such repairs made by the Corporation. (g) seal all vents within the apartment during the renovation, and the front door is to be sealed from inside to prevent dust and dirt from entering the hallway. (h) not use the sidewalks, courtyards, public hallways and other public areas for the storage of building materials or debris. (i) not commence work before 8:00 A.M. or continue after 5:00 P.M., nor can work be performed on Saturdays, Sundays or Holidays. (j) not use power tools such as pneumatic jackhammers and electric hammers, which may disturb other occupants of the Building. 4. The Window Alteration may not interfere with or interrupt the normal daily operation of the building or violate your Proprietary Lease, including the House Rules, the Contractors and subcontractors will follow and abide by the instructions of the Superintendent or his designated representative. 5. You will furnish to the Corporation from the contractor, subcontractor and from any other persons performing work on your behalf, certificates of insurance for comprehensive liability, bodily injury and property damage of not less than $5,000,000 each, naming the Corporation, WOODSTOCK OWNERS CORP., Orsid Realty Corp., and yourselves as additional insureds. Completed operations coverage and workmen's compensation covering all employees or persons shall be maintained at all times as long as the Contractors or subcontractors are engaged in the performance of their work. The completed operations coverage will be maintained for one year after the completion of all work DOCX;1 2
3 6. You agree to give the Board of Directors, the Managing Agent and the Superintendent of the building written notice two (2) weeks prior to the commencement of alterations. You must provide to the Managing Agent a list of all subcontractors and others authorized to enter the premises during construction. The Lobby Hallman will maintain a copy of this list and only allow those access with proper authorization. 7. Prior to commencement of the alteration, you will send the owner of apartments adjacent to, two floors above you and two floors below you a letter advising them of the above in the form attached hereto. Copies of such letter will be delivered to the Managing Agent before any work commences. You agree to pay for the reasonable cost of repair of damage to such apartments performed by contractors of such owner's choice, or, at such owner's option, you will have the Contractor repair the damage, at your cost. 8. You agree to the fullest extent permitted by law to indemnify and hold harmless the Corporation, its officers, directors, stockholders, residents, Managing Agent, consultants and employees, from any damages or claims of any nature including personal injury, liability or damage to any personal property or to any part of the building structure, its utilities, equipment or furnishings which may arise from the Window Alteration. 9. In the event it becomes necessary to employ Building staff in connection with the Alteration on an "over-time basis," you agree to reimburse the Corporation for any wages or related expenses incurred. 10. You recognize that there will be no change in the normal hours of operation of the building's heating system to facilitate the installation or functioning of any heating or airconditioning units you may be installing. 11. If you or the Contractor or any subcontractor violates any provision of this Agreement, the Proprietary Lease,or the House Rules, the Superintendent or the Managing Agent shall have the right to order work on the Alteration to cease immediately. The work shall not recommence until the violation or offending condition is rectified to the satisfaction of the Superintendent or Managing Agent. 12. All fines, fees, penalties and expenses incurred by reason of your alteration, shall be deemed additional rent pursuant to the terms of your Proprietary Lease. 13. A waiver of lien shall be provided to the Corporation from the Contractor and all subcontractors on the completion of work. 14. You assume all responsibility for the maintenance and repair of the Window Alteration after completion. This responsibility covers all work, including the windows and any airconditioning equipment or fixture you installed, whether or not structural, weathertightness of windows, exterior walls and roofs, waterproofing of every part of the building directly or indirectly affected by the Window Alteration and maintenance of all heating, plumbing, air-conditioning, electrical and other equipment installed or altered pursuant hereto. If the operation of the building, its heating, air-conditioning, electrical and plumbing system or any of its equipment, is adversely affected by the Window Alteration, you shall, when so advised, promptly remove the cause of the problem or if there is any damage whatsoever to the building, its machinery or equipment, you will reimburse the Corporation for the cost of the restoration DOCX;1 3
4 15. The Alteration and the materials used therefor shall be of the quality and style in keeping with the general character of the building. 16. You will install window guards if a child or children 10 years old or under lives or resides in your unit or as otherwise required pursuant to Section of the New York City Health Code. 17. You will bear the entire cost of Alterations, guarantee completion of the work and pay all bills incurred in connection therewith, not later than thirty days after completion of the work. If any mechanic's liens are filed for work claimed to have been done or materials alleged to have been supplied, you shall cause such liens to be discharged within ten days after such filing. If you fail to do so, it shall be a breach of this Agreement and the Corporation may exercise any and all of its rights and remedies under the Proprietary Lease or this Agreement. 18. Your failure to comply with any of the provisions hereof shall be deemed a breach of this Agreement and the provisions of the Proprietary Lease, pursuant to which this approval has been granted, and, in addition to all other rights, the Corporation may also suspend all work and prevent workmen from entering your apartment for any purpose other than to remove their tools or equipment. 19. To the fullest extent permitted by law, you release the Corporation and Orsid Realty Corp. and their agents, officers, directors and employees from any and all liability for loss or damage to any of your property which may result from or be in any way connected with the Window Alteration. You hereby waive any claims which you may now or hereafter have against the Corporation or Orsid Realty Corp. and their agents, officers, directors and employees based upon interruption or suspension of the alteration by the Corporation regardless of the reason for such interruption or suspension. 20. This agreement may not be changed orally. This agreement shall be binding on you and your representatives and authorized assigns, including any assignee of your Proprietary Lease. 21. You agree that no amendments to the approved plans and specifications or any changes of any kind in the scope of the Window Alteration shall be made, without prior written approval of the Corporation. 22. The Contractor and subcontractors will not be permitted in the building to commence work until you have received a fully executed copy of this agreement. THE FOLLOWING PROVISION IS ESSENTIAL TO THIS AGREEMENT AND YOU ACKNOWLEDGE HAVING BEEN ADVISED THAT THE COOPERATIVE WILL NOT GRANT PERMISSION FOR ANY WORK TO COMMENCE WITHOUT THE BENEFIT OF THIS PARAGRAPH. 23. Because of seasonal demands and traffic in the building, you acknowledge that you have been advised that no work may begin, and all work in progress will be suspended during the period from December 23rd through January 2nd DOCX;1 4
5 24. This agreement shall have no force or effect until (i) this Agreement has been executed by an officer of the Board and (ii) the Board has received all documents pertaining to the work. The Managing Agent is without authority to execute this agreement. In confirmation of your understanding of the aforesaid, please sign both copies of this letter and return them to us. When executed by an Officer of the Corporation, one copy will be returned to you. Very truly yours, WOODSTOCK OWNERS CORP. Accepted and Agreed: By: Date: cc: Account Executive Eileen Aluska Superintendent - Al Kabashi DOCX;1 5
6 SPECIAL NOTE: A new law concerning home improvement contracts went into effect in New York State on March 1, The provisions of this law apply to all home improvement contracts on or after March 1, 1988 for more than $ and addresses the issues of required licenses, contracts, and the manner in which a contractor conducts its business operations. The Attorney General is responsible for enforcement of this new law and information may be obtained by calling the Attorney General's office, or or writing the: NYS DEPARTMENT OF LAW BUREAUS OF CONSUMER AND PROTECTION 120 BROADWAY - 3RD FLOOR NEW YORK, NEW YORK DOCX;1 6
7 WOODSTOCK OWNERS CORP. RIDER 1 TO WINDOW AND AIR CONDITIONER ALTERATION AGREEMENT INDEMIFICATION AGREEMENT TO: (Addressed to apartments adjacent to, 2 floors above and 2 floors below the Alteration) Re: Window/Air Conditioner Installation in Apartment Start Date of Alteration: DEAR In accordance with Article 6 of the Agreement between me and Woodstock Owners Corp., covering the Window and Air Conditioner Alteration I wish to perform in my apartment, I advise you as follows: 1. Alterations will be performed in my apartment on or about the above start date consisting of installation of new windows [and air-conditioning]. 2. I hereby agree to the fullest extent permitted by law to indemnify you for any damage whatsoever to your apartment caused by the alterations I make to my apartment. I agree to pay for the reasonable cost of repair of such damage performed by contractors of your choice, or, at your option, I will have my contractor repair the damage at my cost. 2. In order to take advantage of this agreement, you must permit my designated representatives to inspect your apartment prior to the commencement of my alterations. Please call me at to arrange the inspection. You must also permit my designated representative to inspect any damage you claim my alterations have. caused. Very truly yours, DOCX;1
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