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Alteration Agreement
Ladies and Gentlemen: Pursuant to paragraph 21 of my Proprietary Lease, I hereby request your consent for the installation of equipment and alterations described in the annexed document(s) (hereinafter collectively referred to as the "work") in the referenced apartment (the "Apartment") at 511 West 232nd Street, Bronx, New York (the "Building"). If such permission be granted: 1. I agree, before any work is begun: (a) That the work will be performed by licensed contractors and subcontractors only. I shall furnish to you a letter from each licensed contractor and subcontractor, indicating their name, address, telephone number, license number and insurance coverage, as well as provide to you a copy of the contractor's or subcontractor's license. Each licensed contractor and subcontractor shall provide you with a description of its prior experience performing the work, including specific building and job references, and shall provide you with a list of the names and addresses of the workers who will be performing the work. (b) To provide you with a complete and conformed copy of every agreement made with all architects, engineers, designers, contractors, subcontractors and suppliers. (c) To provide to you: (i) a complete set of construction drawings and specifications prepared by a licensed architect, including the Building Department filing drawings, which drawings and specifications shall locate and show the manufacturer and model of all fixtures and appliances to be installed as part of the work, and shall include for all proposed plumbing changes the materials and methods for installation, the locations of affected building risers, waste lines and stacks and details for waterproofing and soundproofing, where relevant; (ii) an electrical power and telephone plan, showing the locations of new electrical outlets, switches, motors, fans, etc.; and (iii) a detailed schedule and bar chart of all work to be performed by each contractor and subcontractor and the time allotted for completion of such work in weeks and days. (d) If required by law, rule order or governmental regulations, to file plans, forms and applications (including without limitation any asbestos or lead-based paint-related forms filed in support of any applications) with and procure the approval of all governmental departments and agencies having jurisdiction over the work including, without limitation, the New York City Department of Buildings, the Board of Fire Underwriters and the Landmarks Preservation Commission, if required, and, not more than ten days after receipt of such approval, to deliver to you an exact copy of all approved plans and of every permit or certificate issued, all at my sole cost and expense. If the work requires the issuance of an amended Certificate of Occupancy for the Building, I shall file an Alteration application to the New York City Department of Buildings and deliver a copy to you, which application shall note that an amended Certificate of Occupancy will be requested. If there is any doubt as to the need for any filing or approval, you shall be the sole arbiter in resolving the doubt. (e) To procure from my contractor, or contractors, and to deliver to you copies of original policies and proof that such insurance is in full force and effect and that the premiums have been paid for: (i) Comprehensive General Liability, Contractor’s Liability and Blanket Contractual Liability insurance policies, in the amount of not less than $1,000,000.00, which policies name you, your architect, managing agent and myself, as parties insured. Such policies shall include Personal Injury coverage, including mental anguish as well as standard conditions, and Broad Form Property Damage Liability Coverage, without exclusion for Explosion, Collapse and Underground Property Damage. The policy will contain the “Broad Form Comprehensive General Liability” endorsement; any exclusion relating to liability assumed by the Contractor under any contract or agreement shall be deleted. The policy shall contain completed operations coverage, which shall extend for a period of two years following completion of the work. The policy shall contain Owner Protective Liability Coverage, Knowledge of Occurrence and Notice of Occurrence endorsements and the Unintentional Errors and Omissions clause. If, in the opinion of your architect or engineer, the work may involve asbestos containing materials, lead-based paint, or other hazardous materials, the policy shall contain coverage for damage or injury caused by such items, provided same is available. Each policy shall provide that it may not be terminated or modified until at least thirty (30) days after written notice to you and shall permit claims made on an "occurrence" basis; (ii) Comprehensive Automobile Liability, including non-ownership and hired car coverage, as well as owned vehicles, in the amount of not less than $1,000,000.00 Bodily Injury and Property Damage (Combined Single Limit) coverage; (iii) Hazardous Material Transportation Liability, Bodily Injury and Property Damage coverage, in the amount of not less than $1,000,000.00 or my contractor’s waste transporter must name you and your managing agent as an additional insured on the waste transporter’s policy and such policy must cover claims relating to asbestos containing materials, lead-based paint or other hazardous materials; (iv) Umbrella Liability Bodily Injury, Personal Injury and Property Damage (Combined Single Limit) coverage, in the amount of not less than $5,000,000.00; (v) Workers' compensation, employer's liability and disability benefits insurance policies, covering all employees of the contractor(s) or subcontractor(s), as may be required by all applicable law. (f) To deliver to you for your review and written approval prior to the effectiveness thereof, all proposed changes and additions to the approved work. If any work different from or in addition to the approved work is performed without first obtaining your prior written approval, I agree that the entire job may be stopped immediately by you or your managing agent without notice to me. (g) To deliver to you a check in the amount of $_____________ payable to you, and, at your option, the bonds specified in paragraph 3(n) hereof, as security for the faithful performance by me of the terms and conditions of this Agreement. This sum is approximately equal to ten (10%) percent of the cost of the work. I shall increase this sum in the event the work is changed by an amount equal to ten (10%) percent of any increased cost of the work. In the event of my breach of any of the provisions of this Agreement, or if I or persons engaged by me cause damage, loss or expense to the Building, your shareholders or persons or property in the Building, you may retain the whole or any part of the security so deposited to the extent required to compensate yourself and others for such damage, loss or expense or for my breach of the provisions of this Agreement. I understand and agree that if my obligation exceeds the amount of the security, I shall be liable for any excess therefor and agree to pay such sum promptly upon demand therefor. If I comply with all of the terms and conditions of this Agreement, the security, or remaining balance thereof, shall be promptly returned to me after completion and inspection of the work, delivery to you of stamped approvals from the Department of Buildings and from the Bureau of Electrical Control attesting that the construction, plumbing and electrical work has been satisfactorily completed to code, delivery to you of lien waivers from materialmen, contractors, subcontractors, architects and other employees or independent contractors employed by me in connection with the work and delivery to you of a letter from my architects stating that work was performed in accordance with the plans and specifications and that, as completed, it does not adversely affect any other part of the Building or any occupant of the Building. (h) To deliver to you the written agreement from each of my contractors: (i) to defend, indemnify and hold harmless you, your officers, directors, shareholders, managing agent, and you and your shareholders’ agents, servants, employees, tenants, guests, licensees, invitees and all other occupants of the Building, from and against any and all liability, including legal fees and disbursements, on account of loss of life or injury to any person or loss of or damage to property, happening in or arising out of or in any way related to the performance of the work unless such loss of life or injury or loss of or damage to property is caused solely by the affirmative negligence of the indemnified party; and (ii) not to make any claim against or seek to recover from you or your shareholders or managing agent, or you or your shareholders’ agents, servants, employees, tenants, guests, licensees, invitees, and all other occupants of the Building for any damage to persons or property by the perils within the scope of the policies described in subparagraph 1(e), above, whether or not the loss or damage is due to the carelessness or negligence of such named parties. (i) If the work involves the demolition, removal, relocation, or alteration of any walls, ceilings, floors, or electrical, plumbing, heating, ventilation or air conditioning systems, to retain at my sole cost and expense, an asbestos investigator, subject to your approval, to examine the records of the Building construction, renovations and other prior inspections, and the areas where the work is to be performed to determine the existence and possible disturbance of any asbestos containing material ("ACM"). If such investigation reveals that friable ACM is less than ten square feet or twenty-five linear feet, then I shall provide you with proof of filing of Form ACP5 (not an asbestos project) and will only commence the work after receiving your architect’s approval to do so. If such investigation reveals that friable ACM in excess of ten (10) square feet or twenty-five (25) linear feet may be disturbed by the work, then I shall provide you with proof of filing of Form ACP 7 (Asbestos Inspection Report) and prior to performing any abatement work, I shall submit to you for your approval the names, addresses, qualifications and insurance coverage of all consultants, abatement contractors and waste transporters who shall be performing such work. Upon receipt of your approval, I shall retain such consultants, contractors and transporters who shall perform all work in accordance with all applicable laws, rules and regulations, and copies of all applications, permits, tests (before, during and post-abatement), and dump tickets and disposal manifests shall be given to you. (j) If the work involves the demolition, removal, relocation or alteration of any wall, ceilings, windows, window frames, doors, door frames or other areas or equipment that may be painted with lead-based paint, to comply with the Lead Poisoning Prevention and Control Work Practices and Procedures promulgated by the New York City Department of Housing Preservation and Development, all other laws, rules and regulations as may be applicable to removal, transportation and disposal of lead-based paint, including, but not limited to the rules, regulations and procedures established by the New York City Department of Environmental Protection, and all other agencies having jurisdiction.. 2. (a) You may, at your sole option, hire any engineer, architect, attorney, and existing or additional Building personnel, security guards, rubbish removal or other services, prior to the commencement of, during, or subsequent to the completion of the work, to render any advice or perform any service as you shall deem, in your sole discretion, necessary or desirable in regard to this Agreement or to the work. I agree to reimburse you, upon demand, for your engineer, architect, attorneys and existing or additional Building personnel, security guards, rubbish removal or other service fees or expenses incurred in connection with the preparation of this Agreement and any and all costs for any additional advice or services you request or that may be performed by your engineer, architect, attorney and existing or additional Building personnel, security guards, rubbish removal or other services in connection with review of the plans and specifications for the work, their observation of the work to insure that it is in conformity with the plans and specifications previously approved by you, that it is otherwise in conformity with the provisions of this Agreement, that no condition has been created by the work which may create a hazard or environment that is harmful to the health of workers, residents or staff of the Building or harmful to the structural integrity or systems of the Building or interfere with the Building operations or services provided to occupants of the Building and that the work is in compliance with all laws, rules, regulations and orders of any governmental entity or agency having jurisdiction over the work. I acknowledge that you have advised me that I will be responsible for payment of any and all such costs. (b) I agree to remit to the managing agent the sum of $150.00 for reviewing, processing and coordinating the plan of my architect/engineer, the work schedules of the various trades, and the insurance certificates and for presenting the proposed alteration to your Board of Directors for consideration. (c) I agree to remit to the managing agent the sum of $_____________ to be drawn upon for your architect’s services in reviewing my plans and your attorneys’ services in preparation of this Agreement. (d) I agree to pay for the cost of an additional Building elevator operator, if required by you. (e) During the period of time from the commencement date of the work up to and including the date of substantial completion, as defined in subparagraph 5(a), below, I agree to pay to you the sum of $_____________ per calendar day to compensate you for the normal wear and tear on Building property and systems, additional supervision and inconvenience to you and to other shareholders caused by the performance of the work at the Building. It is agreed that this sum is not sufficient to compensate you for the additional wear and tear on the Building property and systems, extraordinary supervision that may be required and extreme inconvenience that will result to others should the work continued beyond the agreed period for substantial completion of the work set forth in subparagraph 5(a), below. 3. It is understood and agreed that: (a) No worker will be permitted to enter the Building without the express authorization from you, your managing agent or the Building superintendent. All workers may be required to wear photo identification badges and to sign a daily log maintained by the Building staff and identify the specific work that they will be performing that day. No worker may perform work other than set forth in the daily log without first obtaining your prior written consent. (b) Working fire extinguishers shall be maintained in the Apartment at all times from the date of commencement to completion of the work. Smoke detectors shall be installed within fifteen (15) feet of every sleeping area in the Apartment. Window guards shall be installed if a child under age ten (10) lives or resides in the Apartment. Upon your request, I will install central station monitored fire and smoke alarm systems in the Apartment. The work, workers, materials and debris shall not block access to any fire exits in the Building. (c) The work shall not change the basic layout of the Apartment in relation to the apartments located adjacent, above and below mine (the "Adjacent Apartments") and the location of wet areas (i.e., bathrooms, kitchen, wet bar) shall not be moved nor shall any new wet areas be installed in the Apartment. (d) I assume all risk of damage to the Building, its equipment and systems, and to persons and property in the Building which may result from or be attributable to the work being performed hereunder. This responsibility covers all work, of any kind, structural and non-structural, including waterproofing of every part of the Building directly or indirectly affected by the work, and maintenance and repair of all apartment equipment and systems installed or altered by me pursuant hereto. (e) The work is to be done in such a manner so as not to disturb the Building, its operations systems or equipment. I shall provide to you and/or your managing agent a schedule of all deliveries to be made to the Building. If the Building, its operations, systems or equipment is adversely affected by the work, I shall, when so advised, and at my sole cost and expense, promptly remove the cause of such problem. If, in your opinion, the work unduly interferes with the rights of shareholders or residents you may stop the work at any time and you may restrict the time periods for or the manner of performance of the work so as to ensure the quiet enjoyment of units by shareholders or residents. (f) No penetrations will be made through any existing shafts for the installation of any pipes, conduits or other utilities. No penetration will be made through any exterior masonry walls for any purpose other than for installation of a through-the-wall air conditioning sleeve, which may only be installed after submission and approval of plans and specifications for same. (g) There will be no change in or adverse impact upon the operation of the Building's heating or plumbing systems (or air-conditioning system, if any) to facilitate the functioning of any heating or air-conditioning units I may be installing or any work which may affect your plumbing system. The work will not interfere with the Building’s intercom, cable or satellite television, Internet access, telephone, or other systems or the gas, water and electric supply. No work will alter or relocate the main plumbing, heating, gas, electrical, intercom, cable or satellite television, Internet access, telephone or other lines. Any temporary shutdown of a Building service or supply must be scheduled at least one week in advance with the Building superintendent and may not last longer than three hours. No work that requires the shutdown of the Building heating system will be permitted. (h) I shall not cause or permit (i) the installation of any whirlpool, Jacuzzi, steam generator, steam room, electric stove, kiln or oven not for cooking purposes; (ii) the cutting into the floor or ceiling slab of the apartment for any purpose; and (iii) the relocation of any bathroom facility or fixture, including the location of any water or waste piping, unless I first make a written request, separate from and in addition my submission of the plans and specifications, for permission to make such installation, cutting or relocation, which request is approved by your architect and consented to in writing by you. I agree that you may grant or deny such consent in your sole and absolute discretion. (i) Upon your request, and at my sole cost and expense, I shall replace all plumbing branch lines which service the Apartment and all steam traps and shutoff valves which are located in the Apartment. All plumbing shall be installed using threaded joints and dielectric fittings shall be used for connection of dissimilar materials. All water, steam and gas valves will be easily accessible. In the event that the work results in the enclosure of heating or water pipes that are not presently enclosed or otherwise limits your accessibility to such pipes, should you require access to such pipes in the future I shall bear all costs for the removal of any such enclosure or impediment as well as the cost of restoring same. If, after inspection of any plumbing risers or waste lines which service the Apartment, you determine, in your sole discretion, that I should replace any of such plumbing risers or waste lines, then I also agree to replace such plumbing risers and waste lines with new materials acceptable by you at my sole cost and expense. For riser or waste line replacement or other plumbing repair work that is not a part of my approved work, and for any remedial work required to repair faulty plumbing work performed on my behalf, I agree to use the plumbing contractor designated by you to perform all such plumbing work. (j) In the event that the work includes the installation of additional electrical service, I shall install, at my own cost and expense, the electrical conduit and wiring, including the new feeder from a replacement panel in the cellar electrical room, from the electrical room to my Apartment, in such existing fire stair or such other location and in such enclosures as you may require, and that I shall pay to Owner a one-time fee in the following amounts: for a 200 amp service, a fee of $16,000; for a 100 amp service, a fee of $8,000. No additional electrical service shall be installed prior to obtaining your written consent and payment of such fees. In advance of obtaining your approval for such electrical work, I shall have prepared and submitted to you a load letter in the form designated by you for your review. (k) The alterations and materials used shall be of the quality and style in keeping with the general character of the Building. Any demolished materials shall be replaced with materials of like quality and value. No granite, ceramic tile, marble, or similar hard surfaces may be installed except in kitchens, foyers and baths. All work is to be performed in a proper and workmanlike manner and shall conform to the accepted plans, applicable laws, and rules and regulations of governmental authorities having jurisdiction thereof. (l) I shall indemnify you, your officers and directors, managing agent, shareholders, employees, residents of the Building, engineers, architects, and attorneys retained by you against any and all loss, damage, claim, cost or expense for damage or liability to persons or property suffered as a result of the work performed hereunder, whether or not caused by negligence, and for any and all liabilities incurred in connection with the removal, encapsulation, enclosure or other abatement of asbestos containing material, lead-based paint or other hazardous materials, including the transportation and disposal of same, and including, without limitation, any loss, damage or liability suffered by you as a result of any claim by any shareholder, tenant, occupant, or any governmental agency or department, arising at any time from or in connection with the work, including abatement of asbestos containing material, lead-based paint and other hazardous materials, including the transportation and disposal of same, and to reimburse you and/or your managing agent for any expenses (including, without limitation, attorneys' fees and disbursements) incurred in connection therewith. (m) If at any time any policy of insurance provided to you pursuant to subparagraph 1(e) is amended, I shall provide to you a copy of the endorsement amending the terms, coverage or limits of the policy. In the event the amendment results in my failure to maintain the insurance requirements of this Agreement, then you may, at your option at any time, suspend the work and deny entry into the Building of all workers performing the work. Compliance with the insurance requirements of this Agreement shall not relieve me or my contractors form any liability assumed under any provision of this Agreement and shall not limit or constitute a waiver or any other rights or remedies that you may have for consequential damages or otherwise. (n) If requested, I shall procure a bond or an agreement from an insurance, or other, company reasonably acceptable to you, ensuring payment and performance by me of the provisions of this Agreement and shall require my contractors to procure payment and performance bonds to insure their performance of their contracts, if such bonds or agreements are obtainable from an insurance, or other, company licensed to do business in New York. (o) I will not do or permit any act to be done which is contrary to law or which will invalidate or be in conflict with liability, multi-peril casualty or other insurance policies carried by you or for your benefit. (p) If, after making any alterations or installing any equipment referred to herein: (i) I shall seek to exercise my right to cancel my proprietary lease pursuant to paragraph 35 thereof, I will, on your demand, but at my expense, restore the premises and equipment to their condition prior hereto, agreeing that compliance with this Agreement shall be a condition precedent to the cancellation of my proprietary lease; (ii) my proprietary lease shall be terminated by you, I will, on your demand, but at my expense, restore the premises and equipment to their condition prior hereto; (iii) I shall seek to transfer the corporate shares allocated to the apartment and assign the Proprietary Lease appurtenant thereto, I will, as a condition of such transfer and assignment, provide you with an agreement by my transferee to assume all of my obligations hereunder, including my continuing obligations and understanding expressed in subparagraphs (a) through (i) of this paragraph 3. 4. The work is to be performed only between the hours of 8:30 A.M. and 5:00 P.M., Mondays through Fridays, excluding holidays. "Holidays" shall be defined by your Board of Directors in its sole discretion. Work which shall produce construction noise which might be disturbing to the Building's residents, including, but not limited to demolition work, painting preparation and cabinet installations, shall not be commenced before 10:00 A.M. The use of power tools such as pneumatic jackhammers, electric hammers or portable electric saws which may disturb other residents of the Building will not be permitted without your written permission. No cabinetry shall be fabricated in the apartment. 5. (a) I agree to give you two weeks’ written notice setting forth the commencement date of the work prior to commencing any work. I agree that all permitted work shall be substantially completed within 120 calendar days after governmental approval thereto has been granted or, if no such approval is required by law or regulation, then from the date hereof. No work which requires the approval of the Landmarks Commission shall be commenced until such approval in writing is provided to the Board of Directors. My architect shall notify your managing agent when he believes the work has been substantially completed. The term "substantial completion", as used herein, shall mean that all work is fully completed with the exception of minor touch-up work for painted and wallpapered surfaces. The Board of Directors, after consultation with the managing agent and such professionals as it deems necessary, shall have sole discretion to determine whether the work has been substantially completed within the agreed number of days. The time period allowed herein may only be extended by you in writing at your discretion in the event of delays caused by events beyond my control. (b) TIME IS OF THE ESSENCE WITH RESPECT TO SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE AGREED NUMBER OF CALENDAR DAYS. THE BOARD OF DIRECTORS MAY SHUT DOWN ALL WORK AND PREVENT WORKMEN OR SUPPLIERS FROM ENTERING THE BUILDING IF THE WORK EXTENDS BEYOND THE AGREED COMPLETION DATE. THE BOARD OF DIRECTORS MAY OBTAIN INJUNCTIVE RELIEF TO PREVENT ME OR ANY WORKMEN FROM PERFORMING ANY WORK BEYOND THE AGREED COMPLETION DATE. (c) If the work is not substantially completed as determined by you within the agreed time period, then IN ADDITION TO YOUR RIGHT TO SHUT DOWN THE JOB AND TO OBTAIN INJUNCTIVE RELIEF, I shall be obligated to pay to you as liquidated damages (and you shall be entitled to apply from the fund provided pursuant to paragraph 1(g) above) the additional sum of $100.00 per calendar day for each day the work has continued beyond the agreed time period to compensate you and all shareholders for the additional wear and tear on the Building property and systems, extraordinary supervision that may be required and extreme inconvenience that will be caused you and others should the work continued beyond the agreed period for substantial completion of the work set forth in subparagraph 5(a). I agree that such daily sum is a fair estimate of the amount required to compensate you for the additional damages that you will suffer should the work extend beyond the agreed time period for substantial completion of the work and that it is not a penalty of any kind. Should you withdraw any sums due to you from me for liquidated damages from the fund that I have deposited pursuant to subparagraph 1(g), then immediately upon your request, I will pay you a sum sufficient to restore the fund to its original amount. 6. (a) I shall notify the residents of the Adjacent Apartments at least ten (10) days prior to commencement of any work. Said notification shall be in writing, with a copy to your managing agent, setting forth the proposed commencement date for the work. In addition and upon your request, I shall arrange for the inspection and the making of a photographic record of the physical condition of Adjacent Apartments by my representatives, your managing agent and any other person designated by you, to determine and quantify any preexisting conditions of the Adjacent Apartments prior to the commencement of any of the work. Following such inspection, I shall cause my architect or contractor to prepare a written report setting forth the physical condition of the Adjacent Apartments and shall submit such report to you, the managing agent and the owners of the Adjacent Apartments with a letter requesting the owners to acknowledge in writing that such report is accurate. If an owner of an Adjacent Apartment refuses to allow such inspection or to acknowledge the accuracy of the report, then I shall send to such owner (with copies to you and the managing agent) a letter advising the owner that such refusal may limit the owner’s ability to be compensated in the event there is any damage caused by my work. (b) If the managing agent or you advise me that an Adjacent Apartment owner claims that an Adjacent Apartment has been damaged due to my work, then I may either pay the Adjacent Apartment owner the amount sought to resolve such claim or dispute such claim. In the event that I elect to dispute such claim, then you, at your option, may resolve such dispute in a manner to be determined by you, you may designate your architect to resolve such dispute in a manner to be determined by your architect, or you may choose to allow the parties to resolve the dispute by other means. I agree that if you elect to resolve such dispute or if you designate your architect to resolve such dispute then I shall follow such procedures as you or your architect shall direct and be bound by your or your architect’s determination. (c) In the event that you or your architect advise me that you have determined that my work was responsible for the damage to the Adjacent Apartment then, upon submission to me of written estimates from contractors or bills for repair of such damage, I shall promptly pay such claim and make application to my insurance carrier or my contractors’ insurance carriers for reimbursement. 7. All precautions will be taken to prevent dirt and dust from permeating other parts of the Building and to insure that other portions of the Building, its equipment and systems and the property of all shareholders or residents are not damaged. The full cost of any necessary cleanup or repairs shall be my responsibility. I understand and agree that all openings of any sort, including, but not limited to doors, windows and exhaust grilles must be thoroughly sealed to prevent dust and dirt from permeating the public hallways or other apartments. In addition, I agree that all portions of the public areas from the entrance to the Building to the service elevator and from the service elevator to my apartment must be at all times adequately protected from the movement of materials and equipment or the removal of materials, equipment or debris. I agree that should any damage be caused to such areas or should such areas be required to be cleaned, I shall do so promptly, at my sole cost and expense. Materials and rubbish will be placed in barrels or bags before being taken out of the apartment. All such barrels or bags, discarded equipment, empty packing cartons and other debris will be promptly taken out of the Building daily and removed from the premises at my expense. I understand that dumpsters are not permitted to be located anywhere around the perimeter of the Building and that my contractors or subcontractors will be required to provide for an alternative means of removing all rubbish and debris. I recognize that only the service elevator may be used for such removal and only at such times as the Superintendent of the Building may direct. If the convenience of residents requires that the service elevators be operated on an "overtime" basis, I shall reimburse you for any wages or related expenses incurred in connection therewith. 8. I will bear the entire cost of alterations and installations, including the preparation of plans and procuring of permits, and pay all bills incurred in connection therewith, not later than thirty days after completion of the work. I shall indemnify and hold you harmless from any mechanic's or other material lien in connection with my work. If any mechanic's lien is filed for work claimed to have been done or materials alleged to have been supplied, I shall cause such lien to be discharged within ten days after such filing. 9. (a) I agree to provide access to you, your architects and engineers and your managing agent or its or your representatives to observe the work from time to time. Such observation visits may be scheduled on not less than two (2) days' notice on the following occasions: (i) Prior to inspections, testing or approvals as required by any public authority having jurisdiction over any portion of the work; (ii) Prior to the enclosure or obstruction of any concealed or inaccessible portions of the work; (iii) Prior to any demolition work; and (iv) At any time when you deem it appropriate to inspect work progress. (b) I agree to provide access to you, your architects, engineers and managing agent or its or your representatives at any time in an emergency. (c) If any of the work shall be enclosed contrary prior to inspection of the architect, engineer or managing agent, or contrary to instructions received from any of them, then upon request of the architect, engineer or managing agent, I shall uncover such work for its inspection and recover such work all at my sole expense. 10. I shall promptly correct all work rejected by you, your architect, engineer or managing agent as defective or as failing to conform to this Agreement whether or not fabricated, enclosed, installed or completed. I shall bear all costs of correcting such rejected work, including, but not limited to, correction of a Building system affected by the work and compensation for your architect's and engineer's additional services made necessary thereby. 11. At the completion of the work, I will deliver to you, if required by the work, an amended Certificate of Occupancy, and I will deliver to you stamped and signed certifications from the New York City Department of Buildings and the Bureau of Electrical Control attesting that the work has been completed in accordance with the filed plans, and such other proof as may be required or necessary to indicate that all work has been done in accordance with all applicable laws, ordinances, codes and other Government regulations. If an amended Certificate of Occupancy is required by the work, I shall file an application for an amended Certificate of Occupancy and deliver a copy to you within thirty (30) days after substantial completion of the work. I will not schedule a final Building Department inspection for "sign off" on the work until your architect has completed his final inspection to assure compliance with the approved plans and specifications and this Agreement. I will diligently pursue obtaining the amended Certificate of Occupancy and will keep you advised of my progress on a weekly basis. 12. I recognize that by granting consent to the work, you do not profess to express any opinion as to the design, feasibility, cost or efficiency of the work or whether I will be able to obtain the required permits, approvals and certificates. I also understand that the work being performed hereunder may void certain guarantees and warranties which currently exist or which have been made to me. Without limiting the generality of the foregoing, I further recognize that by granting consent to the work you, your Board of Directors, employees, agents, architects or engineers make no representation and are in no way responsible to me regarding the location of any of the plumbing, electrical or other mechanical systems or utilities or the existence of any unforeseen, hidden or dangerous conditions discovered during the performance of the work or for any increased cost to me, arising as a result of such discovery. It is understood and agreed that upon the discovery of any such system or utility or unforeseen, hidden or dangerous condition I will immediately cease any of the work affected thereby, notify your managing agent and will not recommence any such work without your written approval. I fully understand that you will bear no responsibility, financial or otherwise, arising from the withholding by your or your managing agent of such approval or the granting of such approval upon any reasonable conditions. The determination of what constitutes "unforeseen", "hidden" or "dangerous" conditions shall be made by your Board of Directors in its sole discretion, but shall in all events include the discovery or exposure of asbestos containing material, lead paint or other hazardous materials the presence of which shall be corrected at my sole cost and expense by licensed experts and in compliance with all relevant governmental regulations. 13. Within five (5) business days of the completion of the work, I shall provide to you a written representation from my architect or engineer that, to the best of his/her knowledge, information and belief, the work has been performed in accordance with all documents submitted to, accepted and approved by your Board of Directors. 14. I agree that the responsibility for maintaining, repairing and replacing all the work remains with me as tenant-shareholder and with my successors-in-interest. I agree to assume full responsibility for the future maintenance, repair and replacement of improvements made by and all equipment installed as part of the work including, but not limited to, responsibility for any and all costs for any plumbing leaks or other conditions that may cause damage to the Adjacent Apartments or other common areas or apartments in the Building, if such leakage or damage results from the improvements made by or equipment installed as part of the work or my failure to maintain, repair or replace the improvements made by or the equipment installed as part of the work. I release you and your officers, directors, agents, employees and managing agent from any liability for damage that may be caused to the improvements made by and the equipment installed as part of the work in connection with any future Building repairs or improvements. 15. 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 immediately revoke my permission to undertake the work and/or suspend all work and prevent workmen from entering my apartment for any purpose other than to remove their tools or equipment. All fees, charges and other expenses that I may be required to pay by reason of this Agreement may be charged to me as “additional rent” pursuant to the Proprietary Lease. 16. The terms "I", "me" and "my" shall be read as "we", "us" and "our" if more than one (1) tenant shall execute this Agreement, in which case the obligations hereunder shall be deemed joint and several. 17. This Agreement may not be changed orally. This Agreement shall not be binding upon you unless signed by your president or vice president pursuant to authorization granted by your Board of Directors. Once so signed, it shall be binding on you, me, and our personal representatives and authorized assigns. I agree with the foregoing conditions, and so signify by signing all copies in the space provided below and returning them to the office of the managing agent. If permission is granted, you will sign and return one copy to me for my records.
Rev. 7/27/10 |