HALLWAY AGREEMENT
AGREEMENT made as of the ____ day of ___________ , 19____ , between the Board of Managers of the _______________________ Condominium, having an office at _____________________ Street, New York, New York (the "Board") and ___________________ ("Owner"), residing at _______________________ Street, New York, New York (the "Premises").
WHEREAS, Owner is the owner of Residential Units ____ and ____ (collectively the "Units") at the Premises; and
WHEREAS, Owner has submitted to the Board for review and approval proposed alteration plans (the "Plans") by which the Units would be combined into a single Residential Unit (the "Combined Unit"); and
WHEREAS, one element of the Plans requires that a small portion of the corridor adjacent to existing Unit _____ and _____ be incorporated into the Combined Unit so that the entrance doorway may be relocated; and
WHEREAS, the Board has consented to the Plans and the use of the corridor as described above on the condition that an agreement be entered into describing certain rights and responsibilities in connection with said arrangement;
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. A portion of the corridor adjacent and appurtenant to the combined unit, which portion is equal to the width of the corridor multiplied by ___ feet and thus approximately _____ feet in area (i.e., ____ feet long x ___ feet wide), shall be known in accordance with this Agreement as the "vestibule area".
2. So long as the Units are both owned by the same person or entity, including but not limited to Owner, the current vestibule area shall be considered a Special Residential Limited Common Element appurtenant to the Unit and as such nay be enclosed or otherwise incorporated into a single Residential Unit created by combining the Unit. However, in the event and at the moment title to Unit _____ or ____ is first conveyed separately from the other Unit by the owner (including but not limited to Owner) who immediately prior to said conveyance owned both Units _____ and ____, (that owner is hereby referred to a the "Transferor") thereby causing title to Units ____ and ____ in two different names, the characterization of the vestibule area area as a Special Residential Limited Common Element shall terminate1 the area shall revert to its former status as a Residential Limited Common Element, and the area shall no longer be known as the vestibule area.
3. Consistent with the foregoing, the Transferor shall be obligated, prior to conveyance of the Units separately, at Transferors expense, to restore the vestibule area to be that portion of the corridor of which it originally formed a part. Restoration shall require that the vestibule area be coordinated in style, color, wall and floor finishes, molding and other woodwork, and in all other pertinent aspects, with the rest of the corridor at the time restoration is made. The Transferor shall be obligated to submit plans and specifications for the restoration work to the Board of Managers in accordance with the by-laws of the Condominium, and the Board shall cooperate by timely reviewing said plans and specifications.
4. The Transferor shall be obligated to notify the Board of Managers in writing at least ten (10) business days prior to the date scheduled for conveyance of title to one (or both) of the units that the restoration work is complete. The Board shall inspect the work and if in the Boards sole discretion the restoration work is not in substantial accordance with the approved restoration plans and specifications, the Board shall so notify the Transferor who shall complete the necessary changes prior to any conveyance. If the Board agrees the work is complete, it shall certify to that effect in writing. Once the Board certifies in writing that the work is complete, the Transferor shall have no further obligation with respect to the vestibule area. No conveyance of either Unit ____ or ____ separately by a Transferor may occur until the Board certifies in writing that the Transferor has complied with the foregoing restoration obligation. Any conveyance in violation of the foregoing shall be voidable at the election of the Board of Managers.