FILED: KINGS COUNTY CLERK 05/29/ :29 PM INDEX NO /2015 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 05/29/2018 EXHIBIT v.
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1 EXHIBIT C v.l
2 J e SIXTH AMENDMENT TO CONDOMINIUM OFFERING PLAN OF ONE THREE THREE CONDOMINIUM Premises at: 133 Water Street Brooklyn, New York Dated: March Q~,, 2012 THIS AMENDMENT MODIFIES AND SUPPLEMENTS THE TERMS OF THE ORIGINAL OFFERING PLAN DATED OCTOBER 2, 2006 (THE "PLAN"), FIRST AMENDMENT DATED FEBRUARY 1, 2007, THE SECOND AMENDMENT DATED AUGUST 20, 2007, THE THIRD AMENDMENT DATED AUGUST 4, 2011, THE FOURTH AMENDMENT DATED DECEMBER 19, 2011, THE FIFTH AMENDMENT DATED MARCH 12, 2012 AND SHOULD BE READ IN CONJUNCTION WITH THE PLAN. WATE ROOFS 'I 7
3 I I ONE THREE THREE CONDOMINIUM PREMISES AT: 133 Water Street, Brooklyn, New tork SPONSOR SELLING AGENT Water Street Realty Group LLC The Developers Group LLC Queens Blvd. 79 Bridge Street Briarwood, New York Brooklyn, New York SIXTH ~NBMKNT TG THK CGNBQMINIUM GPPKRING PL~ FOR ONE THREE THREE CONDOMINIUM This Amendment modifies and supplements the terms of the Offering Plan dated October "Plan" 2, 2006 (the "Plan"), the First Amendment dated February 1, 2007, the Second Amendment dated August 20, 2007, the Third Amendment dated August 4, 2011, the Fourth Amendment dated December 19, 2011, the Fifth Amendment dated March 12, 2012 and should be read in conjunction with the Plan. 1. PLAN AS AMENDED BY THIS SIXTH AMENDMENT IS INCORPORATED BY REFERECE. The Plan, as modified and supplemented hereby, is incorporated by reference with the same effect as if set forth in this Amendment at length. Accordingly, all provisions, schedules and exhibits previously contained in the Plan shall be deemed amended to reflect the provisions contained herein. All material changes of facts or circumstances affecting the property or the offering are included herein. 2. DEFINITION OF TERMS All of the terms used in this Sixth Amendment not otherwise defined shall have the same meaning ascribed to them in the Plan. 3. DECLARING THE OFFERING PLAN EFFECTIVE. Pursuant to Section 352(e) of the General Business Law, this Offering Plan is hereby declared effective. The Plan was not declared effective by Notice. N/ATER00'I 'I 8
4 \ r I Annexed "A" hereto as Exhibit is Sponsor's affidavit declaring the Offering Plan effective. Sponsor has accepted an executed Purchase Agreement for not less than 15% of the units offered for sale under this Plan. Thus, of the 52 units to be sold, a Purchase Agreement has been accepted for eight ( 8 ) units or 15% 4. NO OTHER MATERIAL CHANGES There have been no material changes in the plan except as set forth herein. Dated: Queens, Ne York March pt, WATER S T REALTV GROUP LLC Sponsor By: Yaron Y. Hershco, Member WATER00'I 19
5 EXHIBIT A STATE OF NEW YORK ] COUNTY OF QUEENS ] s.s.: YARON Y. HERSHCO, being duly swam deposes and says: 1. I am a Member of Water Street Realty Group, LLC, the Sponsor under a Condominium Offering Plan known as One Three Three Condominium with premises at 133 Water Street, Brooklyn, New York and submit this Affidavit in support of an Amendment declaring the Offering Plan effective based on having achieved the required consent to purchase pursuant to Section 352(e) and 352(eee) of the General Business Law. 2. This Offering Plan was accepted for filing on October 2, , All Purchasers who are counted for purposes of declaring the plan effective: a. are bona fide purchasers; and b. are not purchasing as an accommodation, or for the account or benefit of the sponsor or principals of sponsor; and c. have duly executed purchase agreements and have paid the down payment as required in the offering plan or an amendment thereto, except for 4C who gave a $5,000 down payment because it was purchasing two units. 4. There are no material changes to the budget for the first year's operation which budget has been disclosed in the Offering Plan and in the Third Amendment. 5. No Purchaser counted for purposes of declaring the plan effective is the Sponsor, the Selling Agent or the Managing Agent, a principal of the Sponsor, the Selling Agent or Managing Agent, or who is related to the Sponsor, the Selling Agent or the Managing Agent or to any principal of the Sponsor, the Selling Agent or the Managing Agent by blood, marriage, or adoption, or as a business associate, an employee, a shareholder to limited partner, except as mentioned above, except that Deborah Zolon is a Broker with Brown Harris Stevens Development Marketing, who is marketing these units. However, she is a bona fide Purchaser in that it was an arms length transaction, she resides in the unit and is paying the same price per square foot as all other Purchasers. N/ATER00120
6 6. There are fihy-two (52) dwelling units in the premises. This statement is being made based on the fact that of the 52 units, Purchase Agreements for eight (8) units have "B" been duly executed. Attached hereto as Exhibit is a list of the details of the Purchase Agreements being counted under the terms of the Plan to declare the Plan effective. Swom to before me this ~ Day of March, 2012 Ysron Yaron Y. erschco Notary blic SHARMELAS. PANCHAM Notary Public, State of New York No. 01PA Gt Cualified in Bronx County Commission Expires June 08, 20 WR WWTEROO< I I I 'OO~ p~ 2<
7 SCHEDULE 'B' Name Unit No. Purchase Price Date of Deposit Paid Agreement Zolon, Craig 3A $ 762, March 1, 2012 $ 76, Zoton, Deborah SGK, LLC 3C* $ 469, March12, 2012 $ 46, SGK, LLC 4C* $ 469, March 21, 2012 $ 5, McGehan, Mark 7A $ 786, March 16, 2012 $ 78, Wooden, Amory Forster, Jr. William 78 $ 734, March 6, 2012 $ 73, Shnayer, Ellen 7C $ 509, March 14, 2012 $ 50, Hysell, Heidi 9D $ 556, March 8, 2012 $ 55, Braunstein, Layne Pardo, Ralph 118 $ 717, March 13, 2012 $ 71, Pardo, Caroline *4C and 3C are to be combined by Purchaser into one occupied unit by said Purchaser. WATER00122
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