First Buckingham Owners Corp
C/o Carlton Management
PO Box 401,
Glenwood Landing, NY 11547
Alteration Agreement
______, 201__
Re: ______
124 Smith Street- Apt ____
Freeport, NY (“You”)
Dear Owner :
Pursuant to your Proprietary Lease, the Corporation, requires this agreement be completed by you with an original and five (5) copies returned to the Managing Agent with a set of plans and a permit for the alterations and work in the above-captioned apartment in accordance with the architectural plans drawn by: ______.
1. You will obtain the appropriate approvals and permits in compliance with all laws, rules, regulation and ordinances of governmental authorities and agencies, including but not limited to the Freeport Department of Buildings (if required) having jurisdiction and not more than 10 days after receipt of such approvals, deliver to the Corporation a copy of each permit and certificate issued. In addition, your architect shall prepare a completion schedule listing trades and completion dates along with specifications of the alteration.
2a. You will furnish to the Corporation from your contractor, subcontractor or any other
persons performing work on your behalf, certificates of insurance for comprehensive
Liability, bodily injury and property damage of not less that $ 1,000,000 each, naming the
Corporation, and Managing Agent and yourself covering all employees or persons. Such
shall be maintained at all times as long as your contractors or subcontractors are engaged
In the performance of their work and the completed operations coverage will be
Maintained for one year after the completion of all work.
2b. Worker’s Compensation and Employee’s Liability insurance policies naming all
Employees of the contractor(s) and/or subcontractor(s) as insured.
3. You will notify in writing the owners & residents of apartments adjacent to, above and Below you that alterations will be performed, the duration, and that you will indemnify them for any damage whatsoever, provided that owners of said apartments would permit your designated representatives to inspect the premises prior to the commencement of work. Copies of each letter will be delivered to the Managing Agent before any work commences. In addition, you agree to indemnify and hold harmless the Corporation, its Stockholders, Managing Agent, Consultants, and employees, from any personal injury, liability or damage to any personal property or to any part of the building structure, its utilities, equipment or furnishings which arise from the work being performed.
4. No work can commence before 8:30 am or continue after 5:00 p.m., nor can work be performed on Saturdays, Sundays or Holidays. If there is any interruption in the normal day-to-day operation of the building or if the House Rules is violated; the Managing Agent or Superintendent have the right at its sole discretion to halt the work until the contractors comply.
5. Your contractors will take all precautions to prevent dirt and dust from permeating other parts of the building during the progress of the alteration. Materials and rubbish will be placed in barrels or 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 will be removed from the premises daily at your expense. If you or your contractor fail to remove dirt, dust, debris, rubbish or whatsoever, the Corporation shall do so at your cost and expense.
6. The use of electric hammers, (i.e., roto hammers) or other electrical power tools which cause or may cause undue disturbance to other stockholders or residents of the building are not permitted at anytime unless specifically approved by the Corporation in writing. It is agreed, however, that a skillsaw, electric drill, table saw and sawzall are approved and can be used within the hours specified in paragraph 4 above.
7. Upon completion of the alteration, your architect will furnish to the Corporation an amended Certificate of Occupancy, if required by the Department of Buildings, Certificate from the Board of Fire Underwriters and such other proof as may be necessary to indicate all work has been done in accordance with all applicable laws, rules and regulations of governmental authorities.
8. You recognize that there will be no change in the normal hours if operation of the building’s heating system to facilitate the functioning of any heating or air-conditioning units you may installing.
9. You have smoke detectors installed within 25 feet of every sleeping area on the ceiling or wall pursuant to Local Law 62 of 1982, and you will install window guards if a child or children 10 years old or under lives or resides in your unit pursuant local building code.
10A.You will bear the entire cost of alterations and installations, guarantee completion of he
work and pay all bills incurred in connection therewith in accordance with the terms of the contracts relating to the work performed. 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, the Corporation may exercise any and all of its rights and remedies against you under the Proprietary Lease or this agreement.
10B The Corporation may at its sole desecration, seek to engage an architect or engineer to oversee the renovation and alteration work. You will be responsible for any fee due to such architect or engineer with respect to this application.
11. You recognize that by granting consent to the work, we do not profess to express any opinion as to the design, feasibility or efficiency of the work, materials or equipment used.
12. Your 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 approval has been granted, and, in addition to all other rights, we may also suspend all work and prevent workmen from entering your apartment for any purpose other than to remove their tools or equipment.
13. You release the Corporation and Carlton Brokerage, Inc., d/b/a/ Carlton Management the Managing Agent, 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 your work, and you hereby waive any claims which you may now or hereafter have against the Corporation or the Managing Agent, based upon interruption or the suspension of the alterations by the Corporation regardless of the reason for such interruption or suspension.
14. This agreement may not be changed orally. This agreement shall be binding on you, your representative and authorized assigns.
15. You will remit this signed agreement with a check made out to the Corporation, in the sum of $ 1,000.00, based upon the level of your apartment, which is held in escrow until your alteration is completed. This money may retained against full coverage of any repairs, professional fees or repainting of any damage caused by your alteration. At this time, a completion schedule, insurance certificate and drawings should accompany this application.
16. It is understood and agreed that:
a. Shareholder assumes all risks of damage to the building and its mechanical systems, as well as to persons and property in the building, which may result from or be attributable to the “Work”, being performed hereunder. You assume responsibility for the maintenance and repair of the work after is completion. If the operation of the building, or any of its equipment, is adversely affected by the “Work”, I shall, when so advised, promptly remove the cause of the problem. My assumption of responsibility shall not affect: any liability of the contributory liability or third party liability of others which cause damage or a problem; or the duty of the Corporation to maintain or repair the building and work done at its request (i.e. riser repair).
b. You agree that no heating or air-conditioning unit(s) included in the work will adversely affect the operation of the building’s heating system or air-conditioning system.
c. All alterations and materials used shall be of the quality, and, to the extent they are visible from the exterior of the apartment, the style in keeping with the general character of the building and shall be in compliance with all laws, ordinances, regulations and requirements of all Municipal Authorities having jurisdiction, as well as the requirements of the Board of Fire Underwriters.
17. You understand that by granting approval of the “Work” described herein we are not expressing your opinion of its design, feasibility or efficiency.
18. The terms and conditions of the Proprietary Lease shall in no way be deemed altered or modified by reason of anything contained in this agreement. This written agreement may not be overridden by any other oral agreement and shall be binding on all whose signatures are affixed below and their personal representatives and authorized assignees.
19. Name of Contractor______Tel # ______
Address of Contractor______Lic #
Dept. of consumer affairs License # ______
Name/Address and License # of Plumber______
Tel # ______License # ______
Dept. of consumer affairs License # ______
Name/Address and License # Electrician ______
Tel # ______License # ______
Dept. of consumer affairs License # ______
Anticipated start date: ______
Anticipated Completion date:______
20. You must inform your neighbors in writing of the anticipated work complete with commencement dates, and length of project, scope of work etc.
Agreed to: ______
Shareholder Name
Date ______
Approved By ______
Corporation
President ______
Managing Agent ______
S.B.:/forms/Agreements:Alteration Agreement 1st Buck .
CHECK LIST
Please be advised that the following is a list of items necessary before approval can be granted for apartment alteration by the Board of Directors:
1) Shareholders must submit a detailed plan from a licensed architect which includes a complete description of all electrical and plumbing work to be done and a floor plan identifying all appliances to be installed;
2) All electrical work must be done by a licensed electrician and all plumbing work by a licensed plumber;
3) The building will engage an engineer at your expense to review the proposed work.
4) Certificates of Insurance must be provided which specifically name the Corporation and agent as certificate holder and have adequate expiration dates to cover duration of renovations;
5) Expected start and completion dates must be identified at least a week in advance and all delivery of materials coordinated with Superintendent so elevator and hallways can be properly protected and residents notified; You must sent letters to your adjoining neighbors.
6) A security deposit of $ 1,000.00 must be paid in advance of commencement of renovations and will be returned upon verification by Superintendent or agent and one (1) Board Member that no damage has occurred to the building’s common areas; Said deposit will be retained if there is any damage caused by the proposed work described herein.
7) All debris resulting from renovations must be immediately removed from premises by contractor in a timely manner;
8) All work, deliveries and cleanup must be completed Monday-Friday from 8AM-5PM;
9) Relocation of intercom must use only “greenfield” wiring and Superintendent must verify that intercom for entire line continues to operate as previously;
10) A two-day notice must be given to Superintendent of all work which will cause an interruption of gas, water, or intercom services to other tenants; Superintendent will provide access to main shut-off valves;
11) Special care should be taken with all bathroom renovations to safeguard prior plumbing repairs in light of long term apartment vacancy;
Failure by any party to comply with the above conditions will result in forfeiture of security deposit.
Agreed To:______Apt # ______Date:______
Shareholder Name
s.b.\word\forms Agreement/alteration agreement