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Section
1.
Selling and Leasing. Except as provided
in Section 10 of this Article VI no Residential Unit Owner may sell or lease his or her Residential Unit or Storage Unit without
complying with the following provisions (the “Right of First Refusal Provisions”):
Any such Residential Unit Owner
who receives a bona fide offer to (a) purchase his or her Unit covered by the provisions of this Section 5 ("Offeree Unit") together with its Appurtenant Interest or (b) lease his or her Offeree Unit (such offer to purchase
or lease an Offeree Unit, as the case may be, is called an "Offer", the party
making any such Offer is called an "Offeror" and the owner of the Offeree Unit
to whom the Offer is made is called an "Offeree"), which he intends to accept
shall give notice by certified or registered mail to the Condominium Board of the receipt of such Offer. Said notice shall also state the name and address of the Offeror, the terms of the proposed transaction
(including, but not limited to, the intended closing date in the event of a purchase or the intended occupancy date in
the event of a lease) and such other information as the Condominium Board may reasonably require. The giving of such notice to the Condominium Board shall constitute an offer by such Unit Owner to sell
(or lease, as the case may be) his or her Offeree Unit to the Condominium Board, or its designee, on behalf of all other Unit
Owners, upon the same terms and conditions as contained in such Offer and shall also constitute a representation and warranty
by the Offeree who has received such Offer, to the Condominium Board on behalf of all Unit Owners, that such Offeree
believes the Offer to be bona fide in all respects. The Offeree shall submit
in writing such further information with respect thereto as the Condominium Board may reasonably request. Not later than fifteen (15) days after receipt of such notice together with such further information as
may have been requested, the Condominium Board may elect, by sending written notice to such Offeree before the expiration
of said fifteen (15) day period, by certified or registered mail, to purchase
such Offeree Unit together with its Appurtenant Interest or to lease such Offeree Unit, as the case may be (or to cause the
same to be purchased or leased by its designee), on behalf of all Unit Owners, upon the same terms and conditions as
contained in the Offer and as stated in the notice from the Offeree.
If the Condominium Board shall
timely elect to purchase such Offeree Unit together with its Appurtenant Interest or to lease such Offeree Unit, or to cause
the same to be purchased or leased by its designee, title shall close or a lease shall be executed at the office of the attorneys
for the Condominium Board, in accordance with the terms of the Offer, within forty‑five (45) days after the giving of
notice by the Condominium Board of its election to accept the aforesaid Offer, and the Condominium Board shall then be required
to perform or cause to be performed all of the terms of the Offer (except as otherwise expressly set forth in this Article
VI) including, but not limited to, payment of a Down Payment or advance rentals and security deposits, or closing of
title or acceptance of occupancy, as the case may be and such closing of title or the commencement of the term of the lease
shall be on the date set forth in the notice to the Condominium Board referred to in this Section 5 of Article VI as the intended
closing date or commencement date, as the case may be. If pursuant to such Offer,
the Offeror was to assume, or take title to the Offeree Unit subject to, the Offeree's existing mortgage or mortgages,
the Condominium Board may purchase the Offeree Unit and assume, or take title to the Offeree Unit subject to, said existing
mortgage or mortgages, as the case may be. At the closing, the Offeree, if such
Offeree Unit together with its Appurtenant Interest is to be sold, shall convey the same to the Condominium Board or its designee,
corporate or otherwise, on behalf of all other Unit Owners, by deed in the form required by Section 339‑0 of the Real
Property Law of the State of New York with all tax and/or documentary stamps affixed at the expense of such Offeree, who shall
also pay all other taxes arising out of such sale. Real estate taxes (including
water charges and sewer rents if separately assessed), mortgage interest, if any, and Common Charges shall be apportioned
between the Offeree and the Condominium Board, or its designee, corporate or otherwise, as of the closing date. In the event such Offeree Unit is to be leased, the Offeree shall execute and deliver to the Condominium
Board, or its designee, a lease between the Offeree, as landlord, and the Condominium Board, or its designee, as tenant, covering
such Offeree Unit, for the rental and term contained in such Offer.
If the Condominium Board, or
its designee shall fail to accept such Offer within fifteen (15) days after receipt of notice, as aforesaid, the Offeree
shall have an additional ninety (90) days (immediately following such fifteen 15 day period) to accept the Offer by executing
and delivering a contract or lease, as the case may be. If the Offeree shall
not, within such ninety (90) day period, accept in writing the Offer or if the Offeree shall accept the Offer within such
ninety (90) day period but such sale or lease, as the case may be, shall not be consummated on or before the intended closing
date or commencement date of the term of the lease, as the case may be, which is set forth in the notice to the Condominium
Board referred to in this Section 5 of Article VI, then, should such Offeree thereafter elect to sell or lease such Offeree
Unit, as the case may be, the Offeree shall be required to comply again with all the terms and provisions of this Section.
Any deed to an Offeror shall
be deemed to provide that the acceptance thereof by the grantee shall constitute an assumption of the provisions of the
Declaration, these By‑Laws and the Rules and Regulations, as the same may be amended from time to time.
Any lease executed in connection
with the acceptance by an Offeree of any Offer to lease an Offeree Unit shall be consistent with these By‑Laws
and shall provide that it may not be modified, amended, extended or assigned without the prior consent in writing of the Condominium
Board, that the tenant shall not assign his or her interest in such lease or sublet the demised premises or any part thereof
without the prior consent in writing of the Condominium Board and that the Condominium Board shall have power to terminate
such lease and/or to bring summary proceedings to evict the tenant in the name of the landlord thereunder, in the event of
(i) a default by tenant in the performance of its obligations under such lease or (ii) a foreclosure of the lien granted by
Section 339‑z of the Real Property Law of the State of New York.
Any lease executed by the Condominium
Board as tenant shall provide that the Condominium Board may enter into a sublease of the premises without the consent
of the landlord.
Any purported sale or lease of
an Offeree Unit in violation of this Section 5 of Article VI shall be voidable at the election of the Condominium Board and
if the Condominium Board shall so elect, the Offeree shall be deemed to have authorized and empowered the Condominium Board
to institute legal proceedings to evict the purported tenant (in case of an unauthorized leasing), in the name of the said
Offeree as the purported landlord. Said Offeree shall reimburse the Condominium
Board for all expenses (including, without limitation, attorneys' fees and disbursements) incurred in connection with such
proceedings.
Without limiting, the Condominium
Board's right to lease a Unit from a Unit Owner in accordance with the above Right of First Refusal Provisions, any lease
offered to the Condominium Board pursuant to such provisions shall comply with the Minimum Lease Term Requirement (as defined
below).
Section
6.
One Year Minimum Lease Term For Residential Units
Unless approved by the Condominium Board in its sole discretion, no Residential Unit Owner, other than Unsold Residential
Unit Owners (including Sponsor or its designee), may enter into a lease for a Residential Unit or any other agreement or arrangement
(involving the payment of money or other consideration) for the occupancy or permitting the occupancy of a Residential Unit,
in each case, for a term or period of less than one (1) year, not including any renewal terms or renewal periods that may
be provided for. The foregoing one year requirement is referred to herein
as the “Minimum Lease Term Requirement.” Unsold Residential Unit Owners (including Sponsor) shall endeavor not to offer leases for a term of less
than one (1) year. This will not, however, limit the Unsold Residential Unit
Owners (including Sponsor) from entering into lease terms of less than one (1) year.
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