THIRTEENTH AMENDMENT TO CONDOMINIUM OFFERING PLAN THE 45 EAST 22No STREET CONDOMINIUM 41-45 EAST 22No STREET NEW YORK, NEW YORK Dated:, 2016
TABLE OF CONTENTS Paragraph Page 1. Plan Declared Effective... 1 2. Incorporation of the Plan... 1 3. Definitions... 1 4. No Other Material Changes... 2 5. Effective Period For Using The Plan Is Extended... 2 EXHIBITS A - Affidavit in Support of Declaring the Plan Effective 46301830_1
THIRTEENTH AMENDMENT TO CONDOMINIUM OFFERING PLAN THE 45 EAST 22ND STREET CONDOMINIUM This Thirteenth Amendment modifies and supplements the terms of the Condominium Offering Plan for the 45 East 22nd Street Condominium, 41-45 East 22nd Street, New York, New York, dated September 15, 2014, as amended by the First Amendment, dated January 30, 2015, as amended by the Second Amendment, dated February 10, 2015, as amended by the Third Amendment, dated March 4, 2015, as amended by the Fourth Amendment, dated March 17, 2015, as amended by the Fifth Amendment, dated March 20, 2015, as amended by the Sixth Amendment, dated May 1, 2015, as amended by the Seventh Amendment, dated June 25, 2015, as amended by the Eighth Amendment, dated July 21, 2015, as amended by the Ninth Amendment, dated September 21, 2015, as amended by the Tenth Amendment, dated October 20, 2015, as amended by the Eleventh Amendment, dated March 16, 2016, as amended by the Twelfth Amendment, dated April 11, 2016 ("the Plan") and should be incorporated into and read in conjunction with the Plan. The terms of this Thirteenth Amendment are as follows: 1. PLAN DECLARED EFFECTIVE The Plan is hereby declared effective based upon the execution and delivery by bona fide purchasers and acceptance by Sponsor of Purchase Agreements for forty five ( 45) Units. Said Purchase Agreement represents approximately fifty four percent (54%) of the eighty three (83) Units offered for sale under the Plan. Annexed hereto as Exhibit A is a copy of Sponsor's "Affidavit in Support of Declaring the Plan Effective." 2. INCORPORATION OF THE PLAN The Plan, as modified and supplemented herein, is incorporated herein by reference with the same effect as if set forth at length. Except as expressly modified herein, all provisions of the Plan shall remain in effect. 3. DEFINITIONS All capitalized terms not expressly defined in this Amendment shall have the meanings given to them in the Plan, as amended.
4. NO OTHER MATERIAL CHANGES Except as set forth in this Amendment, there are no material changes in the Plan. 5. EF-FECTTVE PERIOD l?or USING THE PLAN IS EXTENDED The Plan, as modified and supplemented hereby, may not be used after six (6) months following the Filing Date of this Amendment, unless the Plan is further extended or amended. SPONSOR: 45 East 22nd Street Property LLC #46301830_vl
EXHIBIT "A" AFFIDAVIT IN SUPPORT OF DECLARING THE PLAN EFFECTIVE #46301830_vl
AFFIDAVIT IN SUPPORT OF DECLARING THE PLAN EFFECTIVE STA TE OF NEW YORK COUNTY OF NEW YORK ) ss.) ) --+ \M~~~U... 1... 0.._. ~ ~ 1 11 ~"'"'~<\lf=------ ' being duly sworn deposes and says: l. I am the authorized representative of 45 East 22 d Street Property LLC, the Sponsor under that certain Offering Plan dated September 15, 2014, as amended (the "Plan") for condominium ownership of the premises known as 45 East 22"d Street, New York, New York (the "Property"). 2. The Plan was accepted for filing by the Attorney General of the State of New York on September 15, 2014. 3. All purchasers who are counted for purposes of declaring the plan effective (i) are bona fide purchasers; (ii) are not purchasing as an accommodation to, or for the account or benefit of the Sponsor or principals of Sponsor and (iii) have duly executed purchase agreements and have paid the full down payment as required in the Procedure to Purchase section of the Plan. 4. There are no material changes to the budget for the first year's operation which have not been disclosed in a duly filed amendment to the Plan. 5. No purchaser counted for the purposes of declaring the Plan effective is (i) the Sponsor, the Selling Agent, or the Managing Agent; or (ii) a principal of the Sponsor the Selling Agent, or the Managing Agent; or (iii) 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 or limited partner. 6. As of the date hereof, purchase agreements have been executed for forty five ( 45) Units, representing more than fifty four percent (54%) of all Units being offered for sale. Attached as Schedule A hereto is a list of the Units for which purchase agreements have been executed, together with the date of such purchase agreements. 7. I hereby submit this Affidavit to the Attorney General in connection with that certain Amendment declaring the Plan effective. SPONSOR: Sworn to before me this 3 day of JU-...t..- W16. ~ Sharon H. McCulloch Notary Public, State of New YOl'k No. 01MC6224121 Quallfted In New YQrk County Commllfislon Expires 612812018 By:~~~~~~~~~~~~ Name:~ ~~E,.~NS Title: VC'1'.~'!.\ #46301945 vl
SCHEDULE A Unit Date Amount Date Counted Contract of Deposit Towards Signed Deposit Paid if Effectiveness if less Different than from 10% Contract Date 1 15B 03/09/2015 Yes 2 16B 04/20/2015 Yes 3 17B 05/01/2015 Yes 4 19B 11/05/2014 Yes 5 21A 03/29/2016 Yes 6 21B 03/18/2015 Yes 7 22A 03/11/2016 Yes 8 22B 12/19/2014 Yes 9 23A 03/03/2016 Yes 10 23B 11/19/2014 Yes 11 24A 04/24/2015 Yes 12 24B 06/24/2015 Yes 13 25A 04/24/2015 Yes 14 26A 11/18/2015 Yes 15 26B 05/15/2015 Yes 16 27A 04/20/2016 Yes 17 28A 07/01/2015 Yes 18 288 05/08/2015 Yes 19 29A 06/08/2015 Yes 20 29B 06/08/2015 Yes 21 30A 02/24/2015 Yes 22 308 01/29/2015 Yes 23 318 07/14/2015 Yes 24 32A 03/03/2015 Yes 25 328 03/16/2015 Yes 26 33A 03/19/2015 Yes 27 33B 03/19/2015 Yes 28 34A 01/18/2014 Yes 29 34B 01/18/2014 Yes 30 36A 08/04/2015 Yes 31 368 01/16/2015 Yes 32 40A 04/23/2015 Yes 33 408 09/30/2015 Yes 34 41A 03/12/2015 Yes #46302078_vl 2
35 42A 02/18/2015 Yes 36 42B 02/23/2015 Yes 37 44A 03/05/2015 Yes 38 44B 02/18/2015 Yes 39 45A 08/19/2015 Yes 40 46A 01/04/2016 Yes 41 46B 07/13/2015 Yes 42 SIA 10/05/2015 Yes 43 52A 06/24/2015 Yes 44 52B 06/24/2015 Yes 45 53A 10/05/2015 Yes #46302078_ vl 3