LOTLINE WINDOW RESTRICTIVE DECLARATION DECLARATION, made this ______ day of __________________, 200___, by _____________________________________________________________________________, hereinafter referred to as the “Declarant,” having an office/residing at _____________________________________________________________________________. WHEREAS, the Declarant is the fee owner of certain land located in the City and State of New York, Borough of __________________, designated as Block ______ Lot ______ on the Tax Map of the City of New York, hereinafter referred to as Parcel A, more particularly described by a metes and bounds description set forth in Schedule A annexed hereto and by this reference made a part hereof; WHEREAS, the Declarant is desirous of constructing [altering] a certain building on Parcel A (the "Building”) which upon completion will have ________ stories [with one basement or cellar] and will be used for residential purposes on floors ________ [and for commercial and other business purposes on the other floors]; WHEREAS, the Declarant has requested the New York City Department of Buildings (the “Department of Buildings”) to act upon Application No. ________________________ to construct exterior wall openings on floors _________ through ________ of the _______________ [direction wall faces (e.g., northerly, southerly)] wall of the Building, as shown in the diagram annexed hereto as Schedule B, in excess of the permitted area established by Table 3-4 of Title 27, Chapter 1, Subchapter 3 of the Administrative Code of the City of New York; WHEREAS, pursuant to footnote (b) of Table 3-4, the Department of Buildings may permit exterior wall openings to be constructed in excess of the permitted area established by Table 3-4 under the conditions set forth in such footnote; and WHEREAS, the Department of Buildings has advised the Declarant that one of the conditions for obtaining authorization allowing construction of said exterior wall openings is that Declarant must execute a restrictive declaration setting forth the conditions under which such exterior wall openings in excess of the permitted area would be closed with construction meeting the requirements of the Administrative Code of the City of New York. NOW, THEREFORE, in consideration of the issuance by the Department of Buildings of a building permit for the Building, the Declarant does hereby declare, create, impose and establish the following: 1. If any building neighboring the Building is hereafter altered or constructed to come within a distance of less than 60 feet in a direct line (whether horizontally, vertically or diagonally) of any exterior openings in the __________ wall of the Building from the _____ to the _____ above-grade floors, then said exterior wall openings which fall within said distance limitation shall promptly be closed with construction meeting the fire resistance rating requirements for an exterior wall of the Building as provided in the American LegalNet, Inc. www.FormsWorkflow.com Administrative Code of the City of New York and all other applicable laws, ordinances, codes rules and regulations. 2. This declaration may not be modified, amended or terminated without the prior written consent of the Department of Buildings. 3. The covenants set forth herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 4. Failure to comply with the terms of this declaration may result in the revocation of a building permit or certificate of occupancy. 5. This declaration shall be recorded at the county city register’s (county clerk’s) office and the cross-reference number and title of the declaration shall be cited on each temporary and permanent certificate of occupancy hereafter issued to the Building. IN WITNESS WHEREOF, Declarant has made and executed the foregoing restrictive declaration as of the date hereinabove written. __________________________________ Declarant By: Acknowledgment by individual: STATE OFNEW YORK ) COUNTY OF ________________________ ) ss.: On the ___ day of _________________ in the year _______________, before me personally came ____________________________________, to me personally known and known to me or proved to me on the basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and she/he acknowledged to me that she/he executed the same. ____________________________________ Notary Public American LegalNet, Inc. www.FormsWorkflow.com Partnership/Corporate Acknowledgment: STATE OF NEW YORK ) COUNTY OF ________________________) ss.: On the __ day of ____________ in the year ________, before me personally came ___________________________ to me known, who, being by me duly sworn, did depose and say that she/he resides in __________________________________________________________________; that she/he is the ________________________________________ (a member of the firm/president or other officer or director or attorney in fact duly appointed) of _____________________________________, a co-partnership/corporation described in and which executed the above instrument; and that she/he signed her/his name thereto as the act and deed of the firm/by authority of the board of directors of said corporation. _____________________________________ Notary Public American LegalNet, Inc. www.FormsWorkflow.com OFF SITE PARKING RESTRICTIVE DECLARATION (SINGLE FEE OWNERSHIP) DECLARATION, made this _______ day of _________________, 20__, by _____________________________________________________________________________, hereafter referred to as the “Declarant,” having an office/residing at _____________________________________________________________________________. WHEREAS, the Declarant is the fee owner of certain land located in the City and State of New York, Borough of _________________, designated as Block ________ Lot ______ on the Tax Map of the City of New York, hereinafter referred to as Parcel A and more particularly described by a metes and bounds description set forth in Schedule A annexed hereto and by this reference made a part hereof; WHEREAS, the Declarant is the fee owner of certain land located in the City and State of New York, Borough of _________________, designated as Block ________ Lot_______ on the Tax Map of the City of New York, hereinafter referred to as Parcel B and more particularly described by a metes and bounds description set forth in Schedule B annexed hereto and by this reference made a part hereof; WHEREAS, a diagram marked Schedule C showing the description of Parcels A and B, the boundaries of each and the proposed parking spaces is attached hereto and made a part hereof; WHEREAS, the Declarant has requested the Department of Buildings of the City of New York (the “Department of Buildings”) to act upon Application No. __________________________ to construct a new building [alter an existing building] on Parcel B (the “Building”); WHEREAS, Parcel A contains a parking area (“Parking Lot”) containing more than _______ spaces, of which _______ spaces are necessary to satisfy the parking requirements for the uses on Parcel A; WHEREAS, the Parking Lot is to be used in accordance with the applicable provisions of the Zoning Resolution of the City of New York, part of which will serve as an accessory parking area for the Building; and WHEREAS, the Department of Buildings requires the execution and recording of this Declaration in connection with the use of the Parking Lot as accessory off site parking for the Building pursuant to Section(s) 25-55;36-45; and/or 44-34 of the Zoning Resolution of the City of New York. NOW, THEREFORE, in consideration of the issuance by the Department of Buildings of a building permit for the Building, the Declarant hereby declares as follows: 1. The Declarant hereby covenants and agrees for itself, its successors and assigns that ______ spaces, as required for the Building at the time of the issuance of a building American LegalNet, Inc. www.FormsWorkflow.com permit thereof, shall be reserved in the Parking Lot as accessory parking spaces to the Building. 2. The off site parking area covered by this declaration shall at all times be maintained and kept clear and unobstructed to allow utilization of the required parking spaces. 3. This declaration may not be modified, amended or terminated without the prior written consent of the Department of Buildings. 4. The covenants set forth herein shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 5. Failure to comply with the terms of this declaration may result in the revocation of a building permit or certificate of occupancy. 6. This declaration shall be recorded at the county city register’s (county clerk’s) office and the cross-reference number and title of the declaration shall be cited on each temporary and permanent certificate of occupancy hereafter issued to the Building. IN WITNESS WHEREOF, Declarant has made and executed the foregoing restrictive declaration as of the date hereinabove written. __________________________________ Declarant By: Acknowledgment by individual: STATE OFNEW YORK ) COUNTY OF ________________________ ) ss.: On the ___ day of _________________ in the year _______________, before me personally came ____________________________________, to me personally known and known to me or proved to me on the basis of satisfactory evidence to be the same person described in and who executed the foregoing instrument, and she/he acknowledged to me that she/he executed the same. ____________________________________ Notary Public American LegalNet, Inc. www.FormsWorkflow.com Partnership/Corporate Acknowledgment: STATE OF NEW YORK ) COUNTY OF ________________________) ss.: On the ____ day of _______________ in the year ____________, before me personally came ________________________________ to me known, who, being by me duly sworn, did depose and say that she/he resides in _____________________________________________________; that she/he is the ________________________________________ (a member of the firm/president or other officer or director or attorney in fact duly appointed) of _____________________________________, a co-partnership/corporation described in and which executed the above instrument; and that she/he signed her/his name thereto as the act and deed of the firm/by authority of the board of directors of said corporation. _____________________________________ Notary Public American LegalNet, Inc. www.FormsWorkflow.com