Declaration, made this ______ day of _______  1997, by __________________, hereinafter referred to as the "Declarant", having an office at _______________ , New York, New York .

Whereas, the Declarant s the fee owner of certain land in the City of New York, Borough of Manhattan, designated as Lot ______ in Block________  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 on Schedule A annexed hereto and by this reference made a part hereof, and

Whereas, the Declarant has filed an altered building application (No. ___________ ) with the New York City Department of Buildings (the "Department") to authorize construction of a caretaker’s apartment (the "Caretaker’s Apartment") at the subject premises.

Whereas, the Department has requested the Department to act upon the Application and to issue an amended certificate of occupancy to permit the _____   floor of the ______ story existing building at the Subject Premises to be used as a Caretaker’s Apartment pursuant to the provisions of Section 12-10 (Accessory Use) of the Zoning Resolution of the City; and

Whereas, the Department, pursuant to Section 12-10 (Accessory Use) of the Zoning Resolution of the City of New York, has required the Declarant to execute and file this restrictive declaration prior to acting upon such Application and prior to the issuance of such amended certificate of occupancy.

Now, Therefore, Declarant does hereby declare, create, impose and establish the following:

1. The Declarant operates an establishment, at the Subject Premises, which is a use listed in Use Group 6 under the Zoning Resolution of the City.

2. The Declarant has submitted the Application to the Department of Buildings of the City for one (1) Caretaker’s Apartment which the Declarant and his family will occupy.

3. The Declarant will use the Caretaker’s Apartment in connection with the Declarant’s use of the establishment.

4. The Caretaker’s Apartment at the Subject Premises will contain less than 1,200 square feet of floor area.

5. The Declarant, as caretaker, will provide the following maintenance and/or repair services for the Subject Premises:

a. Collect all refuse at the Subject Premises and maintain such refuse in refuse collection.

b. Maintain the sidewalk outside the Subject Premises in good repair and in a clean condition.

c. Maintain the facade of the Subject Premises in a clean and graffiti-free condition.

d. Maintain and operate the gas boiler which heats the Subject Premises.

e. Maintain the Subject Premises in overall good repair.

f. Perform any other caretaker functions necessary to insure the continuance of maintenance, security and good repair of the Subject Premises.

6. This Declaration shall become effective immediately and shall continue in effect until the Zoning Resolution of the City of New York or any statute hereafter enacted in substitution therefor shall no longer require a Declaration of this type or any provision hereof (which provision thereupon shall be deemed deleted herefrom).

7. This Declaration may not be modified, amended or terminated without the prior written consent of the New York City Department of Buildings.

8. The covenants set forth herein shall run with the land and be binding upon and insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

In Witness Whereof, Grantor has made and executed the foregoing Restrictive Declaration as of the date hereinabove written.