. RAND February 13, 2012

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.

RAND

February 13, 2012 123 Baxter Street Condominium

do Jared Paioff, Esq.

Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue

New York, NY 10016

Re: 123 Baxter StTeet

Limited Physical Condition Survey, Condominium Offering Plan Review Dear Jared:

On October 12, 2011 RAND performed a visual survey of the above-referenced building.

Subsequently, RAND reviewed the Sponsor’s Condominium Offering Plan (COP) and drawings that were filed with the NYC Department of Buildings. We compared the drawings and COP features with the actual construction of the building and site to check for perceived discrepancies, as well as defects in the construction related to complaints, violations, building code and deviations from industry standards. The components sur veyed included the roof levels, cellar level service rooms, common and apartment interi ors and the mechanical, electrical, plumbing and elevator systems. Additionally, RAND surveyed the following apartments: 3D, 4D, 5A, 5D, 6A and 6D. As you will note within the report, preliminary budget projections are provided for making repairs, replacements, and other procedures deemed necessary to bring this building and its systems into sound condition and general compliance with the building codes and COP.

123 Baxter Street is located on Baxter Street between Hester Street and Canal Street in the Little Italy section of Manhattan. The building is seven (7) stories plus two cellar lev el parking facilities and contains 23 residential units. The building is classified as HAEA under the Multiple Dwelling Law with a J-2 Occupancy Group and the construction clas sification is TI-B under the old code (prior to 1968) and is considered to be a combustible structure. The building is also provided with a temporary Certificate of Occupancy (103307805T019) that was issued on 09/23/2011 by the NYC Department of Buildings and will expire on 12/22/2011.

Please note that minor deficiencies and general maintenance requirements of surveyed areas are not included within this report. Additionally, no tests were conducted as part of this survey, such as for asbestos, lead, or carbon monoxide. RAND’s analysis and the associated budget projections should be updated regularly to maintain accurate budget information.

RAND ENGINEERING & ARCHITECTURE, PC

159 WEST 25TH STREET, 12TH FLOOR, NY, NY 10001 P 212 675 8844 F212 691 7972www.rond0c.com

P00487

FILED: NEW YORK COUNTY CLERK 03/28/2014

INDEX NO. 114281/2010

NYSCEF DOC. NO. 386 RECEIVED NYSCEF: 03/28/2014

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Below, please find a list of noteworthy deficiencies observed during the course of RAND’s survey, as well as associated budgetary recommendations for their correction:

Electrical System (Photos 1-1 to 1-6)

The building’s single 1200 ampere service disconnect switch is supplied with elec tricity from the utility main located beneath Hester Street. This disconnect switch feeds individual apartment meters, a 600 ampere distribution switch andmeter for the garage, a Public Light & Power (PL&P) meterand three additional distribution switches for the ground floor commercial spaces. Each apartment is supplied with 150 ampere riser protection breakers; PHA, PHB and the duplex townhouse are each supplied with 200 ampere riser protection breakers.

Noteworthy observations regarding the building’s electrical system are as follows:

a. The electrical service room was found to be deficient in both the identification of electrical equipment and emergency/exit signage.

What was accepted to be the main disconnect switch did not bear any identification or labeling indicating the areas that is serves or its respective ratings. This is a violation of the NEC SECTION 110.22.

Additionally, there was an unlabelled meter, which neither RAND nor the building management personnel was able to identify. Fur thermore, the operable exits from the electrical service room are not identified and directional exit lights were not observed. As a result, it is recommended that a licensed electrician be retained to label and identify electrical equipment and install emergency exit signage in cluding battery back-uptype exit signs.

Identify and Label Electrical EquipmentAllow $1,000 Install Exit Signage in Electrical Service RoomAllow $2,500 b. From the lower level of the electrical service room there is an exit

door that leads into the lower level of the garage space. Building management personnel informed RAND that in the event of an emergency, this door can be used as an exit. However, opening this door will shut down the car storage system. Upon review of the de sign drawings it does not appear that there is a means of egress from the lower level of the garage. The National Electric Code

§

110.26(c) dictates that there must be two means of egress from the working space around electrical distribution and switching equip ment. If there is not a permanently accessible exit from the lower garage level other than this doorway, it does not constitute a second means of egress. As such, it is requested that documentation be pro vided confirming an exit route from the garage lower level and the NEC provisions for egress have been met.

Documentation Requested *

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Note: The installed door and frame was installed below industry standards with the frame suspended above the floor surface. In the event that this door is to be used as an emergency exit, this consti tutes a significant trip hazard and should be repaired.

c. Throughout the building, multiple instances of electrical system in frastructure defects were observed. These defects included an open pull box on the exterior wall of the elevator machine room, missing junction/switch box cover plates, missing punch-outs from the elec trical trough in the service room and corroded junction boxes on the rooftop. These defects are a violation of typical industry standards for the installation of electrical systems and constitute safety hazards that will result in premature deterioration of equipment. It is rec ommendation that a licensed electrician be retained to make all nec essary repairs.

Electrical System RepairsAllow $2,500

Total (1)Electrical Systems

Total $6,000

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Photographic Supplement:

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Electrical Systems

1-3.Sub-cellarlevelegressdoorfromelectrical serviceroom,noteframetofloorseparation.

1-2.Typicalapartmentmetersandriserprotection breakers. 1-4.Electricalreceptacle/switchboxmissingcover plate,locatedinPumpRoom. 123BaxterStreetRANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:ElectricalSystemPage1of2

1-1.Maindisconnectswitchforbuildingelectrical service. cD cD

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1-5.

Opening

in

electrical

feedertroughwithin ServiceRoom. RAND

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13,2012Limited

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Photographic Supplement:

Electrical

System

1-6.

Exposed

pullboxeslocatedonexteriorwallof rooflop

Elevator Machine

Room. 0 0 as to 123BaxterStreet

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2. Heatjn. Ventilation and Air Conditioning Systems (Photos 2-1 to 2-11)

Apartment and lobby space heating and air conditioning is achieved via air han dlers manufactured by Carrier supplied with separate integral heating and cooling coils. Each air handler is typically located in a mechanical closet and supply air is distributed via concealed ceiling mounted ductwork. Return air is drawn directly into the mechanical closet via a louvered door. At the rooftop level within the fenced in equipment area there are 4 or 5-ton condensers for each apartment air handler and 8-ton condensers for the townhouse and penthouse air handlers.

Ventilation throughout the building is achieved both naturally and mechanically via operable windows or rooftop exhaust fans. The building is provided with mul tiple exhaust fans designed to ventilate the individual apartment kitchens and bath rooms as well as common areas such as storage rooms and mechanical spaces.

According to the design drawings, the building is provided with a total of six ex haust fans for the bathrooms and four exhaust fans for the kitchens, as well as four exhaust fans for dryers and a single exhaust fan for the sub-basement and base ment levels. The systems are purportedly rated to provide the NYC Building Code minimum ventilation requirements.

Noteworthy observations regard to the building’s heating, ventilation and air con ditioning system are as follows:

a. Upon completion of our field survey, RAND’s subsequent procedure was to compare the design drawings, by Kushner Studios dated Sep tember 20, 2004, to the equipment and systems observed. The draw ings indicate a hot water boiler, water source heat pump, indirect water heater and air separator for each apartment and a single com bined cooling tower. However, the building is supplied with two large capacity hot water boilers, a single hot water heater, storage tank and individual condensers in place of the cooling tower. Due to this significant discrepancy, RAND’s recommendations below are based predominantly on the visual observations, information pro vided by building management personnel and the Condominium Of fering Plan description, which appears to coincide with the installed heating system. If there is documentation that reflects the As-Built condition of the building they should be provided to RAND for re view

Informational Item Only *

b. The rooftop boiler room is supplied with a fixed louver for the sup ply of combustion air. Based on the input ratings of the gas-fired equipment within this confined space and the requirements for com bustion air openings set forth by the 2003 International Mechanical Code, the louver is undersized. An analysis of the equipment con cluded a required air opening of approximately 6’-5” x 6’-5” or

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5,874 square inches where as the existing opening is approximately 4’ x 4’ or 2,304 square inches. In order to bring the Boiler Room in to general code compliance and insure that the gas fired equipment is supplied with an adequate volume of combustion air, it is recom mended that an additional through wall penetration be made and a minimum 5’ x5’ louver be installed.

Install New CombustionAir LouverAllow $2,500 c. Barometric Dampers within the rooftop boiler room appeared incor

rectly calibrated to remain in the fuiiy open position. The dampers are designed to maintain a specific draft pressure (vacuum) within the respective combustion equipment and corresponding flue. This pressure modulation can only be achieved when the dampers are properly balanced by a series of weights. In order to protect the combustion equipment, it is recommended that a licensed HVAC contractor be retained to test, adjustand balance each damper.

Test and Balance Barometric DampersAllow $500 d. While reviewing the rooftop level and equipment, there was a per

ceptible vibration felt in the vicinity of an exhaust fan. As suggested within the Acoustilog report, this vibration could be the result of a lack of vibration isolation measures and may contribute to the intru sive noises within the Penthouse apartments. It was not within the scope of this report to conduct physical tests such as for sound lev els; however, RAND shares the opinion of Acoustilog that the cited NYCBC sections apply to this condition. As such, it is advised that the Acoustilog vibration isolation retrofit measures be conducted to reduce the amount of vibration transmitted to the building structure from the exhaust fans.

Informational Item Only *

e. RAND was informed that the apartment air handlers fail to maintain a comfortable temperature throughout the entire apartment, espe cially at the outer perimeter of the apartments. It was also reported to RAND that the evaporator coils have the tendency to freeze, which is likely due to lack of airflow over the coil via return air.

Conclusions based on this information and the observations made likely require a larger volume of return air along with a rebalancing of the system on the supply side. As such, budget projections have been provided below for modifying/enlarging the return air volume to the respective units along with balancing the entire system.

Apartment ReturnAirModifications Allow $25,000 Apartment HVAC Testing & BalancingAllow $15,000

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f. Within the individual apartments, many of the mechanical closets are used as storage for various household items. If items of harmful nature are being stored any vapors could potentially be drawn into the air handlers and subsequently dispersed throughout the apart ment. Additionally, the stored items could obstruct airflow to the unit’s intake thereby resulting in a reduction of performance. It is recommended that the mechanical closets not be used for storage of any kind.

Maintenance Item *

g. The series of condensers supplying the individual apartment air han dlers are supported by painted steel dunnage secured to the roof deck. However, various condensers were observed to be merely placed atop the dunnage and not permanently anchored. This condi tion is a violation of industry standard practices for the installation of HVAC equipment and poses a safety hazard to individuals and equipment in the vicinity. During normal operation, the vibration of this equipment could cause it to become dislodged or in the worst case to fall off of the dunnage damaging the unit or connected re frigerant lines. In order to correct this condition and prevent any unnecessary damage to the cooling system equipment, it is recom mended that a licensed HVAC contractor be retained to inspect the supports and anchors and replace those that are missing or damaged.

Anchor Condensers to Rooftop DunnageAllow $1,500 h. RAND was informed that the air conditioning within the Lobby has

been deficient. Based on observations made of the air handling unit, it appears that the supply ductwork may be contributing to the lack of system peiforrnance. At the termination of the air handling unit, there are two 90° turns in the square, rigid, ductwork followed im mediately by a transition to a round flex duct of significantly smaller cross sectional area. Due to the orientation of this transition, RAND was unable to determine if it is a sealed connection. The observed conditions constitute a significant impact on the air handling unit’s ability to effectively cool the space due to significant pressure drops across these transitions. In order to insure that a majority of the sup ply air exiting the air handling unit enters the supply ductwork, it is recommended that the ductwork within the closet be replaced with proper transition ductwork sections that do not reduce in area and are positively sealed at all seams. Additionally, it is recommended that several sections of the lobby ceiling be opened so that the re maining sections of ductwork can be observed and corrected as nec essary.

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Inspect & Correct Lobby HVAC Supply Ductwork Allow... $2,500 Lobby Mechanical Closet Ductwork Repairs Allow $2,500

Total (2) Heating, Ventilation and Air Conditioning Systems

Total $49,500

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PhotographicSupplement:(2Heating,VentilatingandAirConditioningSystems 2-1.Hotwaterboilerforradiantsidewalkheating system.2-2.Lobbymechanicalclosetandairhandler supplyductwork. tj 2-3.Enlargedviewofrigidtoflexductwork connection. 123BaxterStreet

.-.—- 2-4.Rooftopcondenserswithinequipmentyard. RANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:HVACSystemsPage1of3

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tJ C) C) 123BaxterStreetRANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:HVACSystems

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2-6.Rooftopexhaustfanaroundwhichvibration wasperceived.

- 2-7.HeatinghotwaterboilerswithinrooftopBoiler Room.2-8.Barometricdampersforheatingboilers calibratedintheopenposition. Page2qf3

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2-11.Airhandlerwithin apartment mechanical 2-10.Passivelouver

providing combustion

airto rooftopBoilerRoom. Go 123BaxterStreet

closet.(Typ.) RAND

February 13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:HVACSystemsPage3of3

2-9.

Domestic

hotwaterboiler.

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3. Plum bin2 Gas and Fire Protection Systems (Photos 3-1 to 3-12)

The building is supplied with a 6-inch combined water service from the utility main below Baxter Street and an auxiliary 6-inch dedicated Fire Water service from the utility main below Hester Street. The two services combine within the building to supply the Patterson 5OHP, 5X3 VIP, fire pump located in the cellar level Pump Room. Prior to this connection, there is a metered 3-inch domestic ta keoff that feeds the Grundfos duplex booster pump system, which consists oftwo 7.5HP pumps, a Grundfos controller; the domestic water booster pump system is also located within the cellar level Pump Room.

The rooftop Boiler Room contains two Weil-McLean, gas-fired, boilers with an input rating of 2,482,000 BTU/hr (respectively) for the generation of heating hot water. Each boiler is individually coupled to a Gordon Piat burner rated for an in put of 2,713,000 BTU/hr. Flow is maintained in the hot water supply and return piping network bytwo 3HP circulation pumps. The network is supplied withtwo air separators and two B&G expansion tanks that allow for the thermal expansion of the heating water.

Additionally, the rooftop Boiler Room contains a gas-fired, AO Smith, domestic hot water boiler with an input rating of 960,000 BTU/hr that is piped to an AO Smith hot water storage tank. The domestic hot water system is also provided with a recirculation pump to reduce the overall wait time of domestic hot water throughout the building.

Noteworthy items with regard to the building’s plumbing systems are as follows:

a. The sidewalk below the Baxter Street facade of the building is sup plied with a radiant heating system intended to prevent the build-up of snow and ice during the winter months. Building maintenance personnel stated that the system consists of multiple piping zones.

However, one of the sections was punctured and rendered ineffective during renovations of the sidewalk. As such, it is recommended that the punctured coil should be cut and capped and the boiler adjusted for the reduced load.

Maintenance Item Only *

b. Within the Electrical Service Room, a PVC drain line was observed.

PVC piping is not an accepted piping material for construction in buildings of greater than three stories as per NYCBC

§

P102.0. Ad

ditionally, this drain line was supported improperly via wires twisted around electrical conduits. This drain line should be replaced with copper piping and be installed using industry standards for the in stallation andsupportof plumbing piping.

PVC Drain Piping ReplacementAllow $500

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c. The backflow preventer assembly installed within the Electrical Ser vice Room is installed in a manner such that access for service and maintenance is restricted. The installation of this equipment does not appear to be in accordance with NYC DEP Cross Connection Control and/or industiy standards. As such, it is requested that a copy of the DEP Cross-Connection Control signoff be provided to confirm that this installation has been approved for operation andthe equipment be identified and labeled.

Documentation Requested *

d. The isolation valves provided for the backflow preventer within the Electrical Service Room andthe fire protection equipment within the Pump Room were found to be missing the required chains and locks.

All residential sprinkler system equipment that has been flow tested and subsequently approved for operation are required by NYCBC

§111903-0l(e)(1) to be secured in the open position by either wire seals or chains and locks. Therefore, it is recommended that the re quired chains and locks be installed as soon as possible.

Fire Protection Chains & LocksAllow $500 e. In the cellar level Pump Room there was main supply piping that

was partially embedded in the wall. This condition is a not in line with the industry standard practices for the installation of plumbing piping. Additionally, it is expected thatthisinstallation significantly reduces the possibility to adequately fire-stop penetrations in the vi cinity of this wall/piping intersection. It is requested that copies of the Special Inspection Sign-Offs for Fire Stopping be provided.

Documentation Requested *

f. As previously described, each air handler cooling coil is individually connected to a rooftop condenser. Although the horizontal runs from the condensers to the building risers are insulated, it was found to be in poor condition. Furthermore, the piping within each respec tive mechanical closet was not insulated. It is recommended that all exposed refrigerant piping be provided with proper insulation on the suction (return) lines.

Refrigerant Pipe InsulationAllow $5,000

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g. Additional insulation repairs are required within the rooftop Boiler Room on the heating and domestic hot water piping and the domes tic water storage tank. Without insulation there can be significant heat loss from the supply piping en route to the end use. In either the domestic or heating system these losses equate to increased fuel consumption, increased equipment operation and a decrease in per formance. To ensure that these systems are operating as efficiently as possible, it is recommended that a licensed plumber be retained to insulate all exposed hot water piping within the boiler room andme chanical closets and the domestic water storage tank. It should also be noted that the New York State Energy Conservation Code re quires insulation be provided on all re-circulating hot water systems.

Install Fiberglass Insulation on Hot Water Piping-Allow $10,000 h. At various locations of plumbing equipment there was an overall ob

servation of equipment supports below that of typical industry stan dards. Observations include; the Fire Pump resting on sections of plywood, cinder blocks used for support in the Boiler Room and of the backflow preventer assembly in the Electrical Service Room.

The installation and support methods are not in line with typical in dustry standards and therefore place unnecessary strain on piping and equipment. These inadequate supports should be removed and replace with permanent pipe stanchions.

In addition to the above cited condition and as was stated and de scribed in the Acoustilog report, the rooftop boiler room piping and equipment was not supplied with vibration isolation means. During normal operation, this equipment will vibrate and a direct connection to the building structure can allow vibrations to be transmitted to other areas of the building such as habitable spaces below. It is be yond the scope of this report for RAND to conduct physical testing such as for noise and vibration in apartments. However, RAND re viewed the information presented by Acoustilog and agrees that the installations appear to contradict the NYCBC requirements. There fore it is recommended that the equipment supports upgrades pre sented by Acoustilog be executed. Such measures will reduce the amount of vibration transmitted to the building structure and have the potential to reduce operational stresses experienced by the equipment.

Plumbing Equipment Support UpgradesAllow $5,000

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At the water service point of entry within the Electrical Service Room the foundation wall penetration was exposed. Typically, an adjustable seal is installed to fill the gap between the penetration sleeve and the piping. Once sealed, this gap will no longer serve as a potential point of entry for ground water, debris andlor rodents. A licensed plumber should be retained to install a link seal at the water service point of entry within the Electrical Service Room.

Piping Seal InstallationAllow $500

Total (3) Plumbing Systems

Total $21,500

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Photographic Supplement:

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Plumbing,

GasandFire

Protection Systems

RANDFebruary13,2012LimitedPhysicalConditionSurveyPage1of3 PhotographicSupplement:Plumbing,Gas&FireProtectionSystems

3-1.AccessdoortocellarlevelPumpRoom.3-2.WaterserviceequipmentwithinElectrical ServiceRoom,noteinadequateblocksupports. cD cD (Ji a) 123BaxterStreet

3-3.Waterservicefoundationwallpenetration3-4.Domesticwaterduplexboosterpump. missinglinkseal.

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RANDFebruary13,2012LimitedPhysicalConditionSurveyPage2qf3 PhotographicSupplement:Plumbing,Gas&FireProtectionSystems

3-5.Domestichotwaterpipingandhotwater storagetankwithoutinsulation.3-6.Refrigerantpipingwithinapartment mechanicalclosetwithoutinsulation.. cD cD 0] 123BaxterStreet

3-7.PvcdrainpipingobservedwithinElectrical ServiceRoom.3-8.Instanceofimproperplumbingequipment supports.

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3-il.

Plumbing

piping,drywall

interference

within3-12.

Sprinkler dryvalveforgaragefire protection.

cellarlevelpumproom. RAND

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Photographic Supplement:

Plumbing,

Gas&Fire

Protection Systems

3-9.

Additional

viewof

inadequate equipment

installation.

3-10.FirePumpandwood blocking

forsupport. cD (ii 01 123BaxterStreet

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4. Refuse Disposal System (Photos 4-1 through 4-3)

For the disposal of trash and recyclables, the building is supplied with an auto matically sorting trash compactor manufactured by Tower Recycling Systems.

The devices functions similar to a typical trash compactor by utilizing a system of hopper doors and a central trash chute. However, residents are able to dispose of recyclables in the same chute by selecting the type of item via electronic push but tons. Once a selection is made, the remaining hoper doors in the building are locked out andthe main compactor unit diverts the flow into a corresponding con tainer.

Noteworthy items with regard to the building’s Refuse Disposal Systemare as fol lows:

a. This type of sorting device is a very efficient tool to building man agement personnel for the sorting and disposal of the building’s re fuse. Based on previous experience, RAND understands the intri cate and potentially difficult repairs that machines of this type can require. Therefore, due to the mechanical complexity of the device it is imperative that routine maintenance by a qualified contractor be performed to ensure that the equipment’s useful life cycle is maxi mized.

Information Item Only *

b. The trash compactor located in the ground floor Utility Room does not appear to be supplied a dedicated, internal sprinkler head. Due to the unknown nature of items being placed in the trash chute it is possible for a fire to ignite inside the compactor. Therefore it is re quired that all trash compactors be supplied with an internal sprinkle head. A sprinkler head was observed directly above the entryway to the Utility Room attached to what appeared to be a terminated branch line. Therefore it is recommended that a licensed fire protec tion contractor be retained to extend this sprinkler branch line and terminate it within the trash compactor.

Install Sprinkler Head in Trash CompactorAllow $2,500 Total (4)Refuse Disposal

Total $2,500

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Photo2raphicSupplement:(4)RefuseDisposalSystems CD CD 01 CD 123BaxterStreet

4-1.Trashcompactorandrecyclablesorting machine. 4-3.Terminatedsprinklerbranchpipingwithin UtilityRoom,tobeextendedtoCompactor. RANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:RefuseDisposalSystem

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- 4-2.Alternateviewofsortingmechanism. Page1of!

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5. Elevators (Photos 5-1 and 5-2)

There are two passenger elevators supplied for the building. The elevators travel from the first to the seventh floor. One elevator opens into the common corridor apartment access while the second elevator provides private access to “D” line apartments. The rooftop bulkhead houses the City Elevator equipment such as the 25HP elevator motors, hoisting mechanisms andmicroprocessor based controllers.

Noteworthy items with regards to the Elevator Systems areas follows:

a. RAND was informed by building management personnel that the elevators had been experiencing operational problems. At the time of RAND’s survey, there were City Elevator technicians on-site making the necessary repairs.

Informational Item Only *

b. The Elevator Machine Room was not supplied with either heating or cooling equipment and only a passive louver was provided. To in sure the safety and performance of the elevator equipment and con trollers, they must be protected from the excessive heat and humidity experienced during the cooling season and the freezing temperatures during the heating season. For that reason, it is suggested the Eleva tor Machine Room be supplied with a through wall type heat pump unit that is capable of providing both air conditioning and heat.

Install Heat and AC in Elevator Machine Room Allow $2.500 Total (5)Elevator Systems

Total $2,500

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PhotographicSupplement:(5)ElevatorSystems 5-1.Elevatormotorandhoistmechanism.(Typ.)5-2.PassivelouverwithinElevatorMachine Room. RANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:Elevators

cD 123BaxterStreet Page1of]

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6. Apartment Interiors (Photos 6-1 through 6-8)

With regard to the individual units, the COP states that “The walls of each unit are to be fmished with one coat of prime white paint. The interior floors of each unit are to be of 2” strip oak with the common area floors to be of ceramic tiles. Each unitis to have sheetrock ceiling.”

Noteworthy items with regards to the apartment interiors are as follows:

a. Residents reported dissatisfaction and problems with their wood flooring, including cracked, loose, buckling andlor otherwise defi cient wood flooring. Wood floors throughout the apartments exhib ited varying degrees of deficiencies. Observations made within Apartments 4D and 5A revealed significant separation between indi vidual floor boards and cracking at end joints. These conditions were clearly visible to the eye and are of a severity that is unaccept able for a high-end development such as this.

Considering that the floors are new, these defects appear to be the result of sub-standard installation practices and/or material selection.

The separation of floor boards could indicate that unseasoned wood was used, or it was not properly acclimated before installation. Addi tionally, at the faulty end joints and separating floor boards there was evidence that the flooring surface fmish is peeling and notwith standing the conditions of everyday use which would indicate an in ferior product was used.

Based on the conditions observed within the representative sampling of apartments, RAND is of the opinion that an allowance should be provided for flooring repairs within multiple apartments. An addi tional allowance should be made for the full replacement of wood floors within approximately five apartments due to the severity of observed conditions.

Apartment Flooring Repairs

Estimated 23 Apartments

@

$5,000/ea $115,000

Apartment Flooring Replacement

Estimated 5 Apartments

@

$15,000/ea $75,000

b. RAND was informed by building maintenance personnel that there have been a series of leaks and water damage experienced by resi dents throughout the apartment interiors. Areas include windows below the balconies of the apartments above, leaks at bathroom walls and other various locations along exterior walls. Some areas do not appear to be directly leaking; however, there is visual evi

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dence of water damage occurring on the walls, which are likely stemming from adjacent sources.

It is recommended that all sources of water infiltration be investi gated, confirmedand corrected. Once each of the leaksare corrected, it is estimated that a level of interior repairs will be required within each of the apartments as noted below.

Apartment Interior Repairs

23 Apartments

@

$l,500/ea $34,500

c. Each apartment is supplied with a central vacuum cleaner located in a recessed utility cabinet. Both building management personnel and residents informed RAND that various units have failed and are dif ficult to replace andJor repair because the units are no longer manu factured. RAND recommends that each of these units be replaced with a suitable unit that canbe repaired and serviced for the foresee able future.

Apartment Central Vacuum Replacement

23 Apartments

@

$2,000/ea $46,000

d. Within Apartment 5A the rubber seal at the base of the shower stall door was observed to be split and no longer capable of providing an adequate water tight seal. Although this condition was observed to be a local instance, it is expected that continued use of other shower stalls may result in a similar failure. As such, it is recommended that the shower door seal be replaced at each shower. A budget projec tion is provided below forthis work to take place building wide.

Shower Door Seal ReplacementAllow $1,000 e. The section of kitchen cabinet hardware provided on the vertically

opening cabinets was found to not be suitable for the installed use. It is recommended that an interior contractor that specializes in cabinet installations be retained to install appropriate hardware that will withstand daily use to open and close the cabinets as originally de signed. A budget projection for all apartments is provided below.

Kitchen Cabinet Hardware ReplacementAllow $10,000 f. It was reported to RAND by both building maintenance and man

agement staff that the install intercom system is cross-connected at multiple locations. In order to correct this problem, it is recom mended that an intercom contractor be retained to survey the system, identify the cross connections and then make all necessary repairs.

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Inspect and Repair Intercom System - .$5,000 Total (6) Apartment Interiors

Total $286,500

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PhotographicSupplement:(6)ApartmentInteriors 6-3.Damagetogypsumwallboardceilingfrom waterinfiltration. 123BaxterStreetRANDFebruary13,2012LimitedPhysicalconditionSurvey Photographic&ippiement:ApartmentInteriors

6-I.Separationofwoodflooring;notesignificant sizeofgap.6-2.Crackingobservedatendjointandpeelingof surfacefinish;gapsinflooringaresignificate. cD a (ii6-4.Additionalviewofobservedwaterstaining locatedatceilingwithinbathroom. Page/q/2

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6-5.Failedcentralvacuumcleaner.(Typ.) 6-7.Overheadkitchencabinetandfaultydoor hardware.(Typ.)6-8.Audio/visualintercompanelsuppliedwithin apartments.(Typ.) 123BaxterStreetRANDFebruary13,2012LimitedPhysicalConditionSurvey PhotographicSupplement:ApartmentInteriors

1 I

6-6.Splitandseparatedshowerdoorseal. OOo 0 0OO 0. Page2of2

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Please be advised that this survey was conducted solely by visual observation of visible portions of the subject areas of the property and limited probing, undertaken with due di ligence. No mechanical tests or removal of walls, ceilings, floors or other structural or mechanical elements were made in connection with this evaluation. Therefore, condi tions not detectable by visual observation alone are excluded. Finally, the budget projec tions listed are preliminary approximations only; actual estimates may only be obtained from building repair and maintenance contractors. No formal testing was conducted for lead, radon, asbestos, or any other environmental contaminants.

Thank you for the opportunity to be of service and please do not hesitate to call if you have any comments on our findings, or if we can provide any additional assistance.

Sincerely,

RAND Engineering & Architecture, PC

JC:sk / Jon Colatrella

Ends. Survey Team Leader

Sli lOO1.cor

123 Baxter Street + RAND Februaiy 13, 2012 Limited Physical condition Survey + Page 17 of] 7

P00515

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