(3/22/06)

Diagram 1 – Street Wall and High Line Frontage Regulations in Subareas C, F and G 

(6/23/05)

Diagram 2 – Street Wall and High Line Frontage Regulations in Subarea A (98C.2)

(10/17/07)

Diagram 3 – Subarea H Requirements (98C.3)

(6/23/05)

Diagram 4 – High Line Improvement Area Boundaries for Zoning Lots Divided by District Boundaries in Subareas D, E and G (98C.4)

(3/22/06)

Diagram 5 – Subarea I Requirements Between West 16th and West 17th Streets (98C.5)

(6/23/05)

Diagram 6a – High Line Access Easement Volume Parameters: Primary Access Easement Volume (98C.6a)

Diagram 6b – High Line Access Easement Volume Parameters: Secondary Access Easement Volume (98C.6b)

(6/23/05)

Diagram 7 – High Line Bed and Frontages (98C.7)

This Appendix sets forth additional requirements governing zoning lots located within Subarea H between West 17th and 18th Streets over which the High Line passes with respect to a development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 9822 (Maximum Floor Area Ratio and Lot Coverage in Subareas), with respect to: (1) the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 9825 (High Line Improvement Bonus); and (2) the performance or funding of improvements as a condition of issuance of temporary or permanent certificates of occupancy, pursuant to paragraph (b) of Section 9825, for floor area in such development or enlargement which exceeds the basic maximum floor area ratio of the zoning lot. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot under Section 12-10.

(a)        Requirements for issuance of building permit under paragraph (a) of Section 9825

(1)        As a condition of issuance of a building permit under paragraph (a) of Section 9825:

(i)        Owner shall, subject to reduction pursuant to the other provisions of this Appendix D, deposit into the High Line Improvement Fund, or secure by letter of credit or other cash equivalent instrument in a form acceptable to the City, a contribution of $50.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot, up to the amount specified in Section 98-22, provided, that in the event the Owner has previously entered into agreements for construction of At-Grade Plaza Work and Stairway and Elevator Access Work by the City, pursuant to paragraph (a)(2) of this Appendix D, and has made a contribution pursuant thereto, the amount of contribution to the High Line Improvement Fund under this subparagraph for purposes of Section 98-25, paragraph (a) shall be reduced by such amount at the time it is made;

(ii)        all parties-in-interest shall execute a restrictive declaration including easements to the City providing for: the location of and public access to and use of the At-Grade Plaza and the stairway and elevator that will provide access to the High Line, as shown in Diagram 3 of Appendix C, such easement area for the At-Grade Plaza to include the entire area of the zoning lot east of the High Line and such easement area as it relates to such stairway and elevator to be at least 2,500 square feet and in a location and configuration acceptable to the City; access for the potential performance by the City of work under the provisions set forth below; and maintenance and repair of the stairway and elevator. Such declaration shall incorporate by reference the maintenance and operating agreement referred to in paragraph (a)(1)(iii) of this Appendix D, provided that, in the event the Owner enters into agreements for construction of some or all of the At-Grade Plaza Work and Stairway and Elevator Access Work by the City pursuant to paragraph (a)(2) of this Appendix D, the provisions of such restrictive declaration shall be modified as deemed necessary by the City to effectuate such agreements; and

(iii)        the Owner shall execute a maintenance and operating agreement for the At-Grade Plaza.

The easements and agreements described herein shall remain in force and effect irrespective of whether certificates of occupancy are issued pursuant to Section 98-25, paragraph (b).

(2)        Upon the request of the Owner or the City, the City in its sole discretion, may enter into agreements with the Owner, in a form acceptable to the City, providing for construction by the City of some or all of the At-Grade Plaza Work described in paragraph (b)(2)(ii)(b) of this Appendix D, and some or all of the Stairway and Elevator Access Work described in paragraph (b)(3)(ii) by the City, including provisions with regard to the viability of retail space fronting the At-Grade Plaza. Pursuant to such agreements, the Owner shall make a contribution of $2,300,000 to a sub-account of the High Line Improvement Fund to fund such construction, which amount may be reduced in accordance with provisions of such agreements by an amount reflecting expenditures that the owner has reasonably incurred or shall reasonably incur with respect to remediation work for the At-Grade Plaza and any other work which is the responsibility of the Owner pursuant thereto. All parties in interest shall execute a Restrictive Declaration pursuant to paragraph (a)(1)(ii) of this Appendix D, with such modifications as deemed necessary by the City to effectuate such agreements.

(3)        Upon the request of Owner, the City in its sole discretion, may elect to have Owner perform all High Line improvements (i.e., non-structural and non-remediation work) at its own expense within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous to such zoning lot. In that event, certification under Section 98-25, paragraph (a), shall also be made upon execution of an agreement by Owner, approved by the Chairperson of the City Planning Commission, to perform such improvements, the cost of which shall be refunded or credited from the contribution to the High Line improvement. Such agreement may require Owner to reimburse the City for the costs of a full-time resident engineer to supervise such work.

(4)        The location of floor area which would exceed the basic maximum floor area ratio and be subject to the provisions of Section 98-25 shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 9825, paragraph (a), Owner designates, subject to the concurrence of the Chairperson of the City Planning Commission, an alternate location.

(b)        Requirements for issuance of certificates of occupancy under paragraph (b) of Section 9825

(1)        Structural Remediation Work under paragraph (b)(2) of Section 9825:

(i)        Owner may, at its option, elect to perform Structural Remediation Work on the portion of the High Line within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous thereto in accordance with the provisions of this paragraph (b). Owner may exercise such option following receipt of the City’s specifications for the Structural Remediation Work or upon the City’s failure to provide such specifications, as set forth in paragraphs (b)(1)(iv) and (b)(1)(v) in this Section (unless such dates are extended by mutual agreement of the City and Owner), but in no event may exercise such option later than 90 days following receipt of a notice by the City of its intent to commence improvements to the High Line within the High Line improvement area applicable to the zoning lot within the next 24 months. In that event, the amount of contribution to the High Line Improvement Fund shall be reduced by $21.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 and the City shall refund or credit the Owner, as applicable, for any excess from or against the High Line Improvement Fund. In the event of exercise of such option, certification pursuant to Section 98-25, paragraph (b)(2), with respect to the Structural Remediation Work, shall be of substantial completion with respect to issuance of any temporary certificate of occupancy, and of final completion with respect to issuance of any final certificate of occupancy.

(ii)        Such Structural Remediation Work shall include work on or under the High Line and above, at and below grade, which shall be of the same quality and performance standards (i.e., with respect to use, useful life and maintenance requirements) as required for the remainder of the High Line (recognizing that there may be different standards for portions of the High Line that will be exposed to public view versus those that will not be so exposed) and shall include, but not be limited to, the following:

(a)        Removal and disposal of all leadbased products in accordance with specifications provided by the City, and disposal of all waste, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(b)        Repair of all damaged portions of the entire steel structure, including but not limited to railings, columns and footings, in accordance with the specifications provided by the City and all applicable rules, including those pertaining to historic preservation;

(c)        Recoating of the entire steel structure with the types of products and numbers of coats specified by the City;

(d)        Repairs to damaged concrete; removal, disposal, and replacement of any concrete that is found to contain hazardous materials; and recoating of the entire concrete portion of the High Line as specified by the City, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(e)        Removal of any or all portions of the ballast material on the High Line, including but limited to gravel, railroad ties and steel rails, trash, plant material, and any other objectionable materials (including, but not limited to, asbestos and pigeon guano) that are found on or under the High Line, as specified by the City, and disposal of all such material in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities. In the event that the City directs that any or all ballast material is to remain on the High Line, it shall be capped, as necessary, in accordance with the specifications provided by the City and the rules and regulations of all appropriate agencies. Any ballast material that is to remain, but also remain uncapped, shall be cleared and grubbed in accordance with specifications of the City; and

(f)        Any work required to be performed belowgrade for the anticipated improvements of the High Line for reuse as open space.

(iii)        Subject to the Not-To-Exceed Limit set forth in paragraph (c) of this Appendix D, if Owner exercises the option to perform the Structural Remediation Work, it shall reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Structural Remediation Work, with associated costs (e.g., trailer, computer, telephone).

(iv)        The City shall consult with Owner regarding the drafting of the specifications for the Structural Remediation Work, and then provide Owner with such specifications by January 31, 2006, subject to delays outside the reasonable control of the City (including, without limitation, litigation, but such delays shall not extend more than 180 days), unless such date is extended by mutual agreement between the City and Owner.

(v)        In the event Owner exercises the option to perform the Structural Remediation Work, Owner shall have 12 months to complete such work following June 23, 2005, or of the date of exercise of such option, whichever is later, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control and, in addition, for any time during which Owner is unable to gain access in order to perform the Structural Remediation Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon December 20, 2004.

(vi)        In the event that the City does not provide the specifications for the Structural Remediation Work, within the timeframe set forth in paragraph (iv) of this Section, Owner may exercise the option to perform such work, and shall complete it within 12 months of the exercise of such option, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays as described in paragraph (b)(1)(v), but may use its own specifications, consistent with the description of the Structural Remediation Work set forth above and sound, high quality engineering, construction and workmanship standards and practices.

(2)        At-Grade Plaza Work under paragraph (b)(3) of Section 9825:

The following shall apply, except to the extent that agreements and other instruments in a form acceptable to the City have been executed pursuant to paragraph (a)(2) of this Appendix D, that provide for construction of some or all of the At-Grade Plaza Work set forth in paragraphs (b)(2)(ii)(b) and (b)(2)(ii)(c), by the City:

(i)        Owner shall perform AtGrade Plaza Work within the area on the zoning lot shown in Diagram 3 of Appendix C. For any temporary certificate of occupancy, certification pursuant to Section 98-25, paragraph (b)(3), shall be of substantial completion of the At-Grade Plaza Work (i.e., the At-Grade Plaza shall be open and accessible to the public). For any permanent certificate of occupancy, certification pursuant to Section 98-25, paragraph (b)(3), shall be of final completion of the At-Grade Plaza Work. Substantial completion of the At-Grade Plaza Work shall also require execution by all parties-in-interest of the declarations, easements and maintenance and operating agreement described in paragraph (a) of section (1) of this Appendix, if not previously provided in connection with issuance of a building permit.

(ii)        At-Grade Plaza Work shall include, but not be limited to:

(a)        remediation work; and

(b)        all paving, plantings, surface treatments, lighting, trees, seating, fountains and other site amenities; and

(c)        infrastructure work, including conduits, drainage, water line, electrical connections, and other utility work serving the At-Grade Plaza.

(iii)        The At-Grade Plaza Work shall be performed by the Owner pursuant to construction documents provided by the City by January 31, 2008. The AtGrade Plaza Work shall be completed within one year following January 31, 2008, subject to reasonable extension for any delays beyond Owner’s reasonable control and to such extension as the City and the Owner may mutually agree, and, in addition, for any time during which Owner is unable to gain access in order to perform the At-Grade Plaza Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon October 17, 2007, or for any time needed to perform any necessary remediation work on the zoning lot.

(iv)        In no event shall Owner be required to complete the At-Grade Plaza Work until the High Line improvements within the portion of the High Line Improvement Area, as shown in Appendix C of this Chapter, adjacent to the zoning lot (and, as applicable, over such Improvement Area, as shown on Diagram 3 of Appendix C), are substantially complete (i.e., open to the public but for the work needed to complete the At-Grade Plaza Work). Notwithstanding the foregoing, in no event shall Owner be entitled to certification pursuant to Section 9825, paragraph (b)(3), until the Chairperson determines that the At-Grade Plaza Work is substantially complete.

(v)        The cost to Owner of the At-Grade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph, (b)(3) of this Section) shall not exceed $2,300,000. The amount of contribution to the High Line Improvement Fund under subdivision (a) of section (1) of this Appendix made for purposes of Section 98-25, paragraph (a), shall be reduced by such amount at the time it is made. In addition to the costs of the At-Grade Plaza Work, subject to the Not-To-Exceed Limit set forth paragraph (c) of this Appendix D. Owner shall be required to reimburse the City for:

(a)        the reasonable cost of developing the plans and construction documents for the At-Grade Plaza Work; and

(b)        the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the At-Grade Plaza Work, with associated costs (e.g., trailer, computers, telephone).

(vi)        In the event that construction documents for the At-Grade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph (b)(3) of this Section) are not delivered to Owner within the timeframe set forth in paragraph (3) of this subsection, Owner shall not be required to perform the AtGrade Plaza Work (inclusive of the Stairway and Elevator Access Work described in paragraph (b)(3) of this Section) consistent with such documents. Instead, Owner shall perform Alternate At-Grade Plaza Work which shall include all necessary remediation work, all necessary belowgrade work (including related infrastructure work necessary to support the High Line), and atgrade improvements pursuant to the standards set forth in Sections 37-718, 37-726, 37-728, 37-741, 37-742, 37-743 and 37-76 of the Zoning Resolution, except that open-air cafes and kiosks shall not be permitted. Permitted obstructions, whether as described in the City’s specifications for the At-Grade Plaza Work or as specified in Section 37-726, for the Alternate At-Grade Plaza Work, shall not count towards lot coverage.

(vii)        The cost to the Owner of the Alternate At-Grade Plaza Work shall not exceed $1,400,000. In addition, Owner shall, subject to the Not-To-Exceed Limit of paragraph (c) of this Appendix D, be required to reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Alternate At-Grade Plaza Work, with associated costs (e.g., trailer, computers, telephone).

(viii)        Upon substantial completion of the At-Grade Plaza and in any event as a condition of certification of substantial completion pursuant to Section 98-25, paragraph (b)(4), Owner shall provide the City with the declarations, easements and maintenance and operating agreement described in subsection (a) of section (1) of this Appendix, if not already provided in connection with the issuance of a building permit; such At-Grade Plaza shall be open and accessible to the public during at least the same hours during which the High Line is open and accessible to the public, subject to the terms of the maintenance and operating agreement; and Owner shall maintain the At-Grade Plaza pursuant to the terms of the maintenance and operating agreement.

(3)        Stairway and Elevator Access Work under paragraph (b)(4) of Section 98-25:

The following shall apply except to the extent that agreements and other instruments in a form acceptable to the City have been executed pursuant to paragraph (a)(2) of this Appendix D that provide for the construction of some or all of the Stairway and Elevator Access Work described in paragraph (b)(3)(ii) of this Appendix D by the City:

(i)        Except as provided in paragraph (b)(3)(iii) of this Section, Owner shall perform Stairway and Elevator Access Work within the At-Grade Plaza area as shown in Diagram 3 of Appendix C in conjunction with performance of the AtGrade Plaza Work. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (b)(4), shall be of substantial completion of the Stairway and Elevator Access Work (i.e., the stairway and elevator could be made open and accessible to the public). For permanent certificates of occupancy, certification pursuant to such Section shall be of final completion of the work.

(ii)        The Stairway and Elevator Access Work shall consist of one stairway and one elevator, shall be included in the construction drawings for the AtGrade Plaza Work described above, and shall be performed by Owner within the time period for performance of the At-Grade Plaza Work described in paragraph (c) of this Section. The location for the stairway and elevator shall take into account the viability of any retail spaces fronting the At-Grade Plaza.

(iii)        Owner shall not be responsible for performance of the Stairway and Elevator Access Work where it performs the Alternate At-Grade Plaza Work in accordance with paragraph (b) of this Section. In that event, prior to commencing the Alternate At-Grade Plaza Work and in any event as a condition of certification of substantial completion pursuant to Section 98-25, paragraph (b)(4):

(a)        Owner shall deposit into the High Line Improvement Fund, a contribution of $900,000.00 (the Access Contribution), to be used at the direction of the Chairperson of the City Planning Commission for construction of stairway and elevator facilities on the zoning lot; and

(b)        Owner shall provide the City with the declarations, easements, and maintenance and operating agreement described in paragraph (a)(1) of this Appendix D, if not previously provided in connection with issuance of a building permit.

(4)        City performance of work in the event of failure to perform:

(i)        In the event Owner has not completed any of the High Line Improvement Work (where an agreement for performance of such work has been executed under paragraph (a) of this Appendix D, Structural Remediation Work (where Owner has exercised the option under paragraph (b)(1) of this Appendix), the AtGrade Plaza Work or Alternate Plaza Work, as applicable, and the Stairway and Elevator Access Work (where required to do so under paragraphs (b)(2) and (b)(3) of this Appendix), by a time at which the City has completed portions of the High Line (i.e., such that such portions are open and accessible to the public) immediately on either side of the High Line improvement area, as shown in Appendix C of this Chapter, for the zoning lot, as shown on Diagram 3 of Appendix C, and a relevant deadline for performance of such work under paragraphs (b)(1), (b)(2) or (b)(3) has passed, subject to the provisions of such sections relating to extension by mutual agreement or delay, the City, at its sole option, may, upon written notice to Owner, notify Owner of its intent to proceed with performance and/or completion of the relevant work at its own expense.

(ii)        The City may proceed with performance and/or completion of the work following such notice unless Owner:

(a)        within 45 days following such notice, submits to the Department of City Planning a reasonable schedule (not to exceed 12 months in total), unless such date is extended by mutual agreement between the City and Owner, for completion of the relevant work, as applicable, which schedule shall be subject to review and reasonable approval by the City; and

(b)        completes the relevant work in accordance with such schedule, subject to reasonable extension for any delays beyond Owner’s reasonable control and, in addition, any time in which Owner is unable to gain access in order to perform the At-Grade Plaza Work or Alternate Plaza Work due to the actions of a tenant occupying the zoning lot, or portion thereof, upon December 20, 2004, or for any time during which remediation work is in progress on the zoning lot.

(iii)        In the event Owner does not comply with the requirements of paragraph (b)(4)(ii):

(a)        the City may proceed with performance and/or completion of relevant work, and may obtain access to perform such work pursuant to the easements described in paragraph (1) of section (a) of this Appendix;

(b)        the City shall return to Owner any contribution made to the High Line Improvement Fund; and

(c)        no building permit may be issued pursuant to Section 98-25, paragraph (a), nor any temporary or permanent certificate of occupancy may be issued pursuant to Section 98-25, paragraph (b), for floor area in a development or enlargement which exceeds the maximum floor area of the zoning lot.

(c)        Reimbursement Not-To-Exceed Limits

Reimbursement of the City by Owner of costs pursuant to this Appendix shall not exceed a total of $450,000.00.

This Appendix sets forth additional requirements governing zoning lots located partially within Subareas D, E and G or within Subarea I between West 16th and 17th Streets over which the High Line passes, with respect to a development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 (Maximum Floor Area Ratio and Lot Coverage in Subareas), with respect to: (1) the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 98-25 (High Line Improvement Bonus); and (2) the performance or funding of improvements as a condition of issuance of temporary or permanent certificates of occupancy, pursuant to paragraph (c) of Section 9825, for floor area in such development or enlargement which exceeds the basic maximum floor area ratio of the zoning lot. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot in Section 12-10.

(a)        Requirements for issuance of building permit pursuant to paragraph (a) of Section 98-25

(1)        As a condition of certification:

(i)        Owner shall, subject to reduction pursuant to the other provisions of this Appendix E, deposit into the High Line Improvement Fund, or secure by letter of credit or other cash equivalent instrument in a form acceptable to the City, a contribution of $50.00 per square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot, up to the amount specified in Section 98-22; and

(ii)        all parties-in-interest shall execute a restrictive declaration including easements to the City providing for: the location of and public access to and from a stairway and elevator on the zoning lot that will provide access to the High Line and for maintenance and repair by the City of such stairway and elevator; and the potential performance by the City of work under the provisions set forth below. In the case of zoning lots between West 16th and 17th Streets, Owner shall also provide the City with easements providing for City access to and from and for public use of the High Line Service Facilities on the zoning lot and for maintenance and repair by the City of such High Line Service Facilities. For zoning lots between West 18th and 19th Streets, in the event that the Commissioner of Parks and Recreation requires High Line Service Facility Work pursuant to paragraph (b)(4) of this Appendix, no easements shall be required relating to the location of and public access to a zoning lot nor from a stairway and elevator on the zoning lot. In such event, Owner shall instead provide the City with easements providing for City access to and from and for use of the High Line Service Facilities on the zoning lot and for maintenance and repair by the City of such High Line Service Facilities, as specified in paragraph (b)(4)(ii) of this Appendix, and any restrictive declaration previously executed under this paragraph (a)(1)(ii) in connection with an initial certification pursuant to paragraph (a) of Section 98-25 shall be amended to provide for such easements. All easements described herein shall be in a form acceptable to the City and shall remain in force and effect irrespective of whether certificates of occupancy are issued pursuant to Section 98-25, paragraph (c); and

(iii)        submit plans for Stairway and Elevator Access Facilities and, where applicable, High Line Service Facilities that demonstrate compliance with the provisions of this Appendix E, and are consistent with New York City Department of Parks and Recreation standards and best practices governing materials life cycle and maintenance for review and approval by the Chairperson of the City Planning Commission.

(2)        Upon the request of Owner, the City in its sole discretion, may elect to have Owner perform all High Line improvements (i.e., non-structural and non-remediation work) at its own expense within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous to such zoning lot. In that event, certification under Section 98-25, paragraph (a), shall also be made upon execution of an agreement, approved by the Chairperson of the City Planning Commission, to perform such improvements, the cost of which shall be refunded or credited from the High Line Improvement Fund contribution to reflect the cost of such improvements. Such agreement may require Owner to reimburse the City for the costs of a full-time resident engineer to supervise such work.

(3)        The location of floor area which would exceed the basic maximum floor area ratio and be subject to the provisions of Section 98-25 shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 9825, paragraph (a), Owner designates, subject to the concurrence of the Chairperson of the City Planning Commission, an alternate location.

(b)        Requirements for issuance of certificates of occupancy pursuant to paragraph (c) of Section 9825:

(1)        Structural Remediation Work pursuant to paragraph (c)(2) of Section 9825

(i)        Owner may, at its option, elect to perform Structural Remediation Work on the portion of the High Line within the High Line improvement area, as shown in Appendix C of this Chapter, on such zoning lot and over streets contiguous thereto in accordance with the provisions of this paragraph. Owner may exercise such option following receipt of the City’s specifications for the Structural Remediation Work or upon the City’s failure to provide such specifications, as set forth in paragraphs (b)(1)(iv) and (b)(1)(v), (unless such dates are extended by mutual agreement of the City and Owner), but in no event may exercise such option later than 90 days following receipt of a notice by the City of its intent to commence improvements to the High Line within the High Line improvement area applicable to the zoning lot within the next 24 months. In that event, the amount of contribution to the High Line Improvement Fund shall be reduced by $21.00 for each square foot of floor area which exceeds the basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 and the City shall refund or credit the Owner, as applicable, for any excess from or against the High Line Improvement Fund. In the event of exercise of such option, certification pursuant to Section 98-25, paragraph (c)(2), with respect to the Structural Remediation Work shall be of substantial completion with respect to issuance of temporary certificates of occupancy, and of final completion with respect to issuance of final certificates of occupancy.

(ii)        Such Structural Remediation Work shall include work on or under the High Line and above, at and below grade, which shall be of the same quality and performance standards (i.e., with respect to use, useful life, and maintenance requirements) as required for the remainder of the High Line (recognizing that there may be different standards for portions of the High Line that will be exposed to the public versus those that will not be so exposed) and shall include, but not be limited to, the following:

(a)         Removal and disposal of all leadbased products in accordance with specifications provided by the City, and disposal of all waste, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(b)        Repair of all damaged portions of the entire steel structure, including, but not limited to, railings, columns and footings, in accordance with the specifications provided by the City and all applicable rules, including those pertaining to historic preservation;

(c)        Recoating of the entire steel structure with the types of products and numbers of coats specified by the City;

(d)        Repairs to damaged concrete; removal, disposal, and replacement of any concrete that is found to contain hazardous materials; and recoating of the entire concrete portion of the High Line as specified by the City, all in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities;

(e)        Removal of any or all portions of the ballast material on the High Line, including, but limited to gravel, railroad ties and steel rails, trash, plant material, and any other objectionable materials (including, but not limited to, asbestos and pigeon guano) that are found on or under the High Line, as specified by the City, and disposal of all such material in accordance with the rules and regulations of all appropriate regulatory agencies and disposal facilities. In the event that the City directs that any or all ballast material is to remain on the High Line, it shall be capped, as necessary, in accordance with the specifications provided by the City and the rules and regulations of all appropriate agencies. Any ballast material that is to remain, but also remain uncapped, shall be cleared and grubbed in accordance with specifications of the City; and

(f)        Any work required to be performed below grade for the anticipated improvements of the High Line for reuse as open space.

(iii)        The City shall consult with Owner regarding the drafting of the specifications for the Structural Remediation Work, and then provide Owner with such specifications by January 31, 2006, subject to such delays as are outside the reasonable control of the City (including, without limitation, litigation, but such delays shall not extend more than 180 days), unless such date is extended by mutual agreement between the City and Owner.

(iv)        In the event Owner exercises the option to perform the Structural Remediation Work, Owner shall have 12 months to complete such work following June 23, 2005, or of the date of exercise of such option, whichever is later, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control.

(v)        In the event that the City does not provide the specifications for the Structural Remediation Work within the timeframe set forth in paragraph (b)(1)(iii) of this Appendix, Owner may exercise the option to perform such work and proceed with the Structural Remediation Work, and shall complete it within 12 months of the exercise of such option, unless such date is extended by mutual agreement between the City and Owner, and subject to reasonable extension for any delays beyond Owner’s reasonable control, but may use its own specifications, consistent with the description of the Structural Remediation Work set forth above and sound, high quality engineering, construction and workmanship standards and practices.

(vi)        If Owner exercises the option to perform the Structural Remediation Work, Owner shall reimburse the City for the reasonable cost of hiring or procuring the services of a fulltime resident engineer to supervise the Structural Remediation Work, with associated costs (e.g., trailer, computer, telephone), such reimbursement not to exceed $115,000.

(2)        Stairway and Elevator Access Work pursuant to paragraph (c)(3) and, except where the provisions of paragraph (b)(4) of this Appendix E apply, paragraph (c)(4) of Section 98-25:

(i)        Owner shall perform Stairway and Elevator Access Work subject to the provisions of this paragraph (b)(2). For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(3), shall be of substantial completion of the Stairway and Elevator Access Work (i.e., the stairway and elevator could be made open and accessible to the public). For permanent certificates of occupancy, certification shall be of final completion of the work.

(ii)        The Stairway and Elevator Access Work shall consist of one stairway and one elevator located directly adjacent to or below the High Line. Except as approved by the Chairperson of the City Planning Commission pursuant to paragraph (a)(1)(iii) of this Appendix, curb level entrances to such access facilities must be located at the street line. Such access facilities shall be harmonious with the design of the High Line on the zoning lot and shall be visible and identifiable as High Line access facilities when viewed from Tenth Avenue. Such access facilities may be unenclosed or enclosed. When such access facilities are enclosed and located at the street line, any wall or facade separating the access facility from the street shall be substantially glazed and fully transparent from ground level to the full height of the access facility. Any wall or facade separating the access facility from the High Line shall be substantially glazed and fully transparent from the level of the High Line bed to the full height of the access facility. Stairways shall have a clear path of not less than six feet in width. Such access facilities shall be identified with signage placed at the High Line level and at street level that is consistent with guidelines specified in the signage plan as authorized by the City Planning Commission pursuant to the provisions of Section 98-15.

(iii)        The Stairway and Elevator Access Work shall be completed within one year following the later of June 23, 2005, or the Chairperson’s review and acceptance of the plans and specifications that demonstrate compliance with the provisions of paragraph (b)(2)(ii) of this Appendix, subject to reasonable extension for any delays beyond Owner’s reasonable control, unless such date is extended by mutual agreement between the City and Owner.

(iv)        In no event however shall Owner be required to complete the Stairway and Elevator Access Work until the High Line improvements in the portion of the High Line improvement area, as shown in Appendix C of this Chapter, adjacent to the zoning lot, as shown on Diagram 4 or 5 of Appendix C, are substantially complete. Notwithstanding the foregoing, in no event shall Owner be entitled to certification, pursuant to Section 98-25, paragraph (c)(3), until the Chairperson determines that the Stairway and Elevator Access Work is substantially complete.

(3)        High Line Service Facility Work pursuant to paragraph (c)(3) of Section 98-25:

(i)        For zoning lots located between West 16th and 17th Streets, Owner shall perform High Line Service Facility Work subject to the provisions of this Appendix. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(3), shall be of substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.

(ii)        High Line Service Facilities shall consist of satellite maintenance and operations space for the High Line open space as well as public restrooms, in accordance with the following standards:

(a)        Location

Such facilities shall have a component located at the level of the High Line bed, or within five feet of such level (hereinafter referred to as the “upper service facility”). Such facilities shall also have a component located no higher than curb level (hereinafter referred to as the “lower service facility”). The upper facility must be located directly above the lower facility to enable placement of a trash chute connecting the upper and lower facilities. Where the upper facility is not located exactly at the level of the High Line bed, a fully accessible ramp must connect such level with the level of the upper facility. Where the lower facility is not located exactly at curb level, a means acceptable to the City of connecting the lower service facility to a street frontage shall be provided.

(b)        Program and dimensions

(1)        Lower service facilities

Lower service facilities shall contain a room which is accessible from street level and is no less than 50 square feet in area. Such facility shall contain the outlet of a trash chute from the upper service facility and shall also have a minimum of one electrical outlet furnishing a wattage consistent with its intended use within a maintenance and operations facility.

(2)        Upper service facilities

Upper service facilities shall be no less than 350 square feet in area and shall contain, at a minimum, one public restroom not less than 250 square feet in area with separate restroom spaces for each gender, one storage room not less than 70 square feet in area, and one waste disposal room not less than 30 square feet in area and containing a trash chute to the lower service facility

Each room within such upper service facilities shall have a minimum of one electrical outlet furnishing wattage consistent with its intended use within a maintenance and operations facility.

(iii)        The High Line Facility Work shall be completed within one year following the later of June 23, 2005, or the Chairperson’s review and acceptance of the plans and specifications that demonstrate compliance with the standards of paragraph (b)(3)(ii) of this Appendix, subject to reasonable extension for any delays beyond Owner’s reasonable control, unless such date is extended by mutual agreement between the City and Owner.

(iv)        In no event, however, shall Owner be required to complete the High Line Facility Work until the High Line improvements in the portion of the High Line improvement area, as shown in Appendix C of this Chapter, adjacent to the zoning lot, as shown on Diagram 5 of Appendix C, are substantially complete. Notwithstanding the foregoing, in no event shall Owner be entitled to certification pursuant to Section 98-25, paragraph (c)(3), until the Chairperson determines that the Stairway and Elevator Access Work is substantially complete.

(v)        The cost to Owner of the High Line Facilities Work shall not exceed $1,150,000. The amount of contribution to the High Line Improvement Fund under paragraph (a)(1) of this Appendix E, made for purposes of Section 98-25, paragraph (a), shall be reduced by such at the time it is made.

(4)        High Line Service Facility Work pursuant to paragraph (c)(4) of Section 98-25:

(i)        For zoning lots located between West 18th and 19th Streets, in the event the Commissioner of Parks and Recreation elects to require improvements under this paragraph by providing Owner written notice thereof no later than 30 days following August 24, 2017, Owner shall perform High Line Service Facility Work subject to the provisions of this paragraph (b)(4). For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (c)(4), shall be of substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.

(ii)        High Line Service Facilities under this paragraph (b)(4) shall consist of facilities that the Commissioner of Parks and Recreation determines will provide significant support services to the High Line in accordance with the following minimum standards:

(a)        Components, Size and Location

The High Line Service Facilities shall consist of a space on one or more levels, with no less than 1,900 square feet of such space at a floor level at, or within three vertical feet of, the level of the High Line bed; a walkway connecting such space to the High Line of sufficient width and with sufficient load-bearing capacity to accommodate the movement of service equipment to and from the High Line and which satisfies the additional obligations of the Americans with Disabilities Act of 1990; and a stairway with a clear path of not less than 44 inches in width providing access from the street to the portion of the High Line Service Facilities located above.

(b)        Other Features

The High Line Service Facilities shall include plumbing, electrical and utility infrastructure, including HVAC, as reasonably necessary to perform the service functions identified by the Commissioner of Parks and Recreation. Portions of any wall separating the High Line Service Facilities from the High Line and extending from the level of the High Line bed to the full height of the High Line Service Facilities shall comply with the transparency requirements of Section 98-54.

(iii)        The High Line Service Facility Work shall be completed within one year following the later of August 24, 2017, or the review and acceptance by the Chairperson of the City Planning Commission of the plans and specifications that demonstrate compliance with the standards of paragraph (b)(4)(ii) of this Appendix, subject to reasonable extensions for any delays beyond Owner's reasonable control, unless such date is extended by mutual agreement between the City and Owner. Notwithstanding the foregoing, in the event that, prior to an election by the Commissioner of Parks and Recreation under paragraph (b)(4)(i) of this Appendix, the City and Owner have agreed to an extension pursuant to paragraph (b)(2)(iii) of this Appendix, in connection with Stairway and Elevator Access Work, the High Line Facility Work shall be completed by such date, unless further extended by mutual agreement pursuant to this paragraph (b)(4)(iii).

(c)        City performance in the event of failure to perform

(1)        In the event Owner has not completed any of the High Line Improvement Work (where an agreement for performance of such work has been executed under paragraph (a)(1) of this Appendix), Structural Remediation Work (where Owner has exercised the option under paragraph (b)(1) of this Appendix) and the Stairway and Elevator Access Work (under paragraph (b)(3)), by a time at which the City has completed portions of the High Line (i.e., such that such portions are open and accessible to the public) immediately on either side of the High Line improvement area, as shown in Appendix C of this Chapter, for the zoning lot, as shown on Diagram 4 or 5 of Appendix C, and a relevant deadline for performance of such work under paragraphs (b)(1), (b)(2) or (b)(3) of this Appendix, as applicable, has passed, subject to the provisions of such paragraphs relating to extension by mutual agreement or delay, the City, at its sole option, may, upon written notice to Owner, notify Owner of its intent to proceed with performance and/or completion of the relevant work at its own expense.

(2)        The City may proceed with performance and/or completion of the work following such notice unless Owner:

(i)        within 45 days following such notice, submits to the Department of City Planning a reasonable schedule (not to exceed 12 months in total) for completion of the relevant work, as applicable, which schedule shall be subject to review and reasonable approval by the City, unless such date is extended by mutual agreement between the City and Owner; and

(ii)        completes the relevant work in accordance with such schedule, subject to reasonable extension for any delays beyond Owner’s reasonable control.

(3)        In the event Owner does not comply with the requirements of paragraph (c)(2) of this Appendix:

(i)        the City may proceed with performance and/or completion of relevant work, and may obtain access to perform such work pursuant to the easements described in paragraph (a)(1) of this Appendix;

(ii)        the City shall return to Owner any contribution made to the High Line Improvement Fund; and

(iii)        no building permit may be issued pursuant to Section 98-25, paragraph (a), nor may any temporary or permanent certificates of occupancy be issued pursuant to Section 98-25, paragraph (d), for floor area in a development or enlargement which exceeds the maximum floor area of the zoning lot.

This Appendix sets forth additional requirements governing zoning lots located within Subarea J over which the High Line passes for any development or enlargement which involves an increase in the applicable basic maximum floor area ratio of the zoning lot up to the amount specified in Section 98-22 (Maximum Floor Area Ratio and Lot Coverage in Subareas). The additional requirements are set forth in this Appendix F, in paragraph (a), the issuance of a building permit for such development or enlargement pursuant to paragraph (a) of Section 98-25 (High Line Improvement Bonus); in paragraph (b), the performance of improvements as a condition of issuance of temporary or permanent certificates of occupancy pursuant to paragraph (d) of Section 98-25; and in paragraph (c), the option of the owner to offer to the City an additional High Line Support Easement Volume. The term “parties in interest” as used herein shall mean “parties-in-interest,” as defined in paragraph (f)(4) of the definition of zoning lot in Section 12-10.

(a)        Requirements for issuance of a building permit pursuant to paragraph (a) of Section 98-25

(1)        As a condition of certification:

(i)        For each square foot of floor area which causes the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, up to the amount specified in Section 98-22, the owner shall:

(a)        for the first 80,000 square feet of such floor area, deposit such contribution to the Affordable Housing Fund established under Section 98-262, paragraph (c), for use in accordance with the provisions of that Section; and

(b)        for all such floor area which exceeds 80,000 square feet, subject to a deduction pursuant to other provisions of this Appendix F, deposit such contribution to the High Line Improvement Fund, or secure such contribution by letter of credit or other cash equivalent instrument in a form acceptable to the City.

Such contribution, in each case, shall be $59.07 per square foot of floor area as of November 13, 2012, which contribution rate shall be adjusted July 1 of the following year and each year thereafter by the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics;

(ii)        All parties-in-interest shall execute that restrictive declaration, dated October 25, 2012, and on file at the Office of the Counsel, Department of City Planning, required in connection with environmental assessment (CEQR No. 11DCP120M) for the purpose of addressing historic resources and containing other provisions regarding the preservation of certain features of existing buildings and structures and related matters;  

(iii)        All parties-in-interest shall execute a restrictive declaration in a form acceptable to the City addressing the terms described in this paragraph (a)(1)(iii):

(a)        Hotel use

No development or enlargement that utilizes the provisions of Section 98-25 shall include a transient hotel;

(b)        Retail concourse

As a condition of any development or enlargement pursuant to Section 98-25, the owner shall provide a pedestrian passageway within any building located on the zoning lot connecting the Ninth Avenue sidewalk with the Tenth Avenue sidewalk, which passageway shall be open to the public during business hours. Not less than 60 percent of the length of the frontages of such passageway shall be occupied primarily by retail uses, and in addition may be occupied by service, wholesale, production and event space identified in Use Groups 6A, 6C, 7B, 7C, 8A, 9A, 9B, 10B, 11A, 12A, 12B, 16A, 17A and such spaces shall have access to the passageway;  

(c)        Locations and dimensions of the High Line Support Easement Volumes

The High Line Support Easement Volumes shall be sized and located to accommodate the following amenities, all of which shall be located within the buildings located within the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(3):

(1)        exclusive easements for public restrooms for each gender with an aggregate area of no less than 560 square feet (and which need not be more than 700 square feet) located adjacent to the High Line with direct access to the High Line for each of the public restrooms;  

(2)        exclusive easements for High Line support space with an aggregate area of no less than 2,400 square feet (and which need not be more than 3,000 square feet) of which up to 800 square feet may be located on a mezzanine level, such space to be located adjacent and accessible to the High Line;

(3)        exclusive easements for High Line support space located in the cellar level in an aggregate area no less than 800 square feet (but need not be more than 1,000 square feet);

(4)        exclusive use of a dedicated freight elevator that shall provide access to the cellar level, to a shared loading facility at street level, to the level of the High Line bed and to the level of the High Line support space described in paragraph (a)(1)(iii)(c)(2) of this Appendix F; and

(5)        non-exclusive easements for:

(i)        access between the dedicated freight elevator and the shared loading facility at grade level and the High Line support space located in the cellar level; and

(ii)        use of the shared loading facility as more particularly set forth in paragraph (a)(1)(iii)(d) of this Appendix F;

(d)        Use of the High Line Support Easement Volumes

The High Line Support Easement Volumes shall not be dedicated for use by the general public but rather for use by the City or its designee for storage, delivery of materials and support of uses within the High Line (and in connection therewith, the fitting-out, operating, maintaining, repairing, restoring and replacement of the High Line Support Easement Volumes), except that:

(1)        the public may use the public restrooms;

(2)        up to 650 square feet of space adjacent to the High Line may be used exclusively for educational and related programming that is at no cost to the public; and

(3)        if dedicated to the City in accordance with paragraph (d) of this Appendix F, the optional additional High Line Support Easement Volume may be accessible to the public as part of concessions or other uses that relate to the High Line.

The City or its designee shall at all times use, operate and maintain the High Line Support Easement Volumes so as not to interfere with the use and enjoyment of the buildings located within Subarea J.

The High Line support spaces described in paragraphs (a)(1)(iii)(c)(2) and (3) of this Appendix F, shall be accessible by a dedicated freight elevator that connects to non-exclusive portions of the building, including a loading facility at curb level, through which the City or its designee shall be provided with a non-exclusive easement to enable reasonable and customary access;  

(e)        Effective date of the High Line Support Easement Volumes

The City’s or its designee’s rights to utilize the High Line Support Easement Volumes shall commence on the date that the High Line Support Work has been completed in accordance with paragraph (b)(1) of this Appendix F, or in the event of default of the owner in accordance with paragraph (c) of this Appendix F, the date that the City has notified the owner that it intends to perform such High Line Support Work in accordance with paragraph (c); and

(f)        Notice by the Department of City Planning of its receipt of certified copies of the recorded restrictive declarations required pursuant to paragraph (a) (1) (ii) and (iii) of this Appendix F, shall be a precondition to issuance by the Commissioner of Buildings of any building permits including any foundation or alteration permit for any development or enlargement which causes the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012;

(iv)        The owner shall submit plans for the High Line Support Work described in paragraph (b)(1) of this Appendix F, that demonstrate compliance with the provisions of this Appendix and are consistent with New York City Department of Parks and Recreation standards and best practices governing material life cycle and maintenance, for review and approval by the Chairperson of the City Planning Commission;

(v)        Solely in the event the initial certification made pursuant to Section 98-25, paragraph (a), is with respect to additional floor area to be added to a building or portion of a building located outside of the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(iii), then the owner shall enter into agreements with the City or its designee, in a form reasonably acceptable to the City, to provide interim access, in accordance with such agreements, to the High Line through a non-exclusive loading facility and an existing freight elevator. Such agreements shall provide that any space within the existing building may be used by the City or its designee at no cost, except that the City or its designee shall be obligated to pay for the proportionate costs of utilities, maintenance and other building expenses associated with the use of such loading facility and elevator, and for any improvements or modifications to such space that may be requested by the City or its designee. Such interim access shall cease upon the date that the City or its designee commences utilization of the High Line Support Easement Volumes in accordance with paragraph (a)(1)(iii)(d) of this Appendix F;

(2)        The location of floor area which would cause the floor area ratio of a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, and be subject to the provisions of Section 98-25, shall be considered to be the topmost portion of the development or enlargement unless, at the time of certification pursuant to Section 98-25, paragraph (a), the owner designates on plans submitted to the Chairperson of the City Planning Commission, subject to the concurrence of the Chairperson, an alternate location.

(b)        Requirements for issuance of certificates of occupancy pursuant to paragraph (d) of Section 98-25

(1)        High Line Support Work pursuant to paragraph (d) of Section 98-25

(i)        The owner shall perform High Line Support Work subject to the provisions of this paragraph (b)(1), inclusive. For temporary certificates of occupancy, certification pursuant to Section 98-25, paragraph (d), shall be the substantial completion of the work. For permanent certificates of occupancy, certification shall be of final completion of the work.  

(ii)        The High Line Support Work shall consist of the following:

(a)        the construction, fit-out and delivery in an operative condition of public restrooms described in paragraph (a)(1)(iii)(c)(1) of this Appendix F, furnished with restroom fixtures, including six toilet stalls for women, an aggregate of six toilet stalls and/or urinals for men and three sinks in each restroom, and provided with utility connections.

(b)        the construction of the core and shell of the High Line support space described in paragraphs (a)(1)(iii)(c)(2) and (3) of this Appendix F including the provision of and access to separately metered gas, ventilation, water, sewer, electricity and telecommunications utilities systems commonly available in the building sufficient to support the anticipated uses of the support space. Within the portion of the High Line support space in the vicinity of the level of the High Line bed, the owner will install a kitchen exhaust duct from such support space to a suitable point of discharge and will provide access to the building sprinkler standpipe and fire alarm system. Such support space shall also include access to a storage mezzanine pursuant to a dedicated lift, and there shall be a clear path at least five feet wide from the lift to the dedicated freight elevator described in paragraph (b)(1)(ii)(c) of this Appendix F. The owner will not be responsible for distributing any utility services within the High Line support space or for providing any ancillary equipment for the kitchen exhaust duct; and  

(c)        the construction of the dedicated freight elevator described in paragraph (a)(1)(iii)(c)(4) of this Appendix F, with a minimum capacity of 3,000 pounds;  

(iii)        Following the completion of the High Line Support Work described in paragraph (b)(1)(ii) of this Appendix F, all subsequent costs of operating, maintaining, repairing, replacing and additional fit-out of the High Line support space shall be exclusively the responsibility of the City and not the owner, provided that the owner shall be responsible for the repair and replacement of any defective High Line Support Work for a period of one year after completion thereof;

(iv)        The cost to the owner of the High Line Support Work pursuant to the plans approved pursuant to this paragraph, (a)(1)(iv), shall be estimated at the time of such approval by a licensed engineer selected by the owner, such estimate to be in a form reasonably acceptable to the City, at an amount not to exceed $2,544,000, as adjusted at the time of such approval by changes in the construction cost index published by the Engineering News Record (ENR) for New York City commencing as of December 1, 2012. In the event that the City requests the owner to perform any additional work in conjunction with the High Line Support Work and the owner agrees to perform such additional work, then the cost of such additional work shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F;

(v)        Except as set forth in paragraph (b)(1)(v) of this Appendix F no temporary or permanent certificates of occupancy may be issued pursuant to Section 98-25, paragraph (d), for floor area in a development or enlargement which causes the floor area ratio on a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012, until the High Line Support Work described in paragraph (b)(1) of this Appendix F has been substantially completed or finally completed, as applicable;

(vi)        Notwithstanding anything to the contrary in this paragraph (b)(1), inclusive, if certification is initially made pursuant to Section 98-25, paragraph (a), with respect to additional floor area to be added to a building or portion of a building located outside of the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(iii), then the conditions for certification pursuant to Section 98-25, paragraph (d), for a permanent or temporary certificate of occupancy shall not apply to such building or portion of a building and the following conditions shall apply:

(a)        the owner shall deliver a letter of credit or other security reasonably satisfactory to the City in an amount reasonably determined by the City as sufficient for the City to perform the High Line Support Work described in paragraph (b)(1) of this Appendix F which letter of credit or other security may be drawn or exercised by the City in the event of a default by the owner in accordance with paragraph (c)(ii) of this Appendix F; and

(b)        the owner shall enter into an agreement with the City in a form reasonably acceptable to the City requiring the owner to commence the High Line Support Work described in paragraph (b)(1) of this Appendix F, no later than September 1, 2017, subject to force majeure as determined by the Chairperson, and shall thereafter diligently prosecute the same to completion, pursuant to an agreed-upon schedule, subject to force majeure as determined by the Chairperson.

(c)        In the event the owner is in default of its obligations pursuant to the agreements required by paragraph (b)(1)(vi) of this Appendix F:

(1)        The City shall be entitled to draw the letter of credit or exercise the other security described in paragraph (b)(1)(vi)(a) of this Appendix F and to take possession of the High Line Support Easement Volumes following delivery of notice to the owner that the City intends to perform the High Line Support Work in accordance with provisions to be set forth in the restrictive declaration described in paragraph (a)(1)(iii) of this Appendix F;

(2)        The City shall return to the owner any contribution made to the High Line Improvement Fund with respect to additional floor area to be added to a building or portion of a building located within the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(3);

(3)        No additional building permit may be issued pursuant to Section 98-25, paragraph (a), with respect to a development or enlargement to be located within the Tenth Avenue Zone as described in Section 98-423, paragraph (g)(iii), nor may any temporary or permanent certificates of occupancy be issued pursuant to Section 98-25, paragraph (d), for floor area in such a development or enlargement which causes the floor area ratio on a zoning lot to exceed the floor area ratio of such zoning lot on November 13, 2012.  

(d)        Option to offer an additional High Line Support Easement Volume:

(1)        The owner, at its sole option, may elect to offer to the City an easement comprising up to 7,500 square feet of floor area within the building adjacent to the High Line and at the vicinity of the level of the High Line bed as an additional High Line Support Easement Volume by written notice to the Chairperson of the City Planning Commission, with a copy to the Commissioner of the Department of Parks and Recreation. Such written notice shall be delivered contemporaneously with the owner’s first request for certification by the Chairperson, described in paragraph (a) of Section 98-25, that relates to a building or portion of a building within the Tenth Avenue Zone, as described in Section 98-423, paragraph (g)(3);

(2)        If the owner elects to exercise such option, the owner shall provide an appraisal from an appraiser reasonably acceptable to the City who is a member of the American Institute of Real Estate Appraisers (or its successor organization) establishing the fair market value of the additional High Line Support Easement Volume to be so dedicated. The term “fair market value” shall mean the price at which such additional High Line Support Easement Volume would change hands between a willing buyer and a willing seller, both acting rationally, at arm’s length, in an open and unrestricted market. The appraisal shall determine such fair market value of the additional High Line Support Easement Volume based on its highest and best as-of-right uses, valued in an unimproved core and shell physical condition (including any existing structural elements, such as the building wall separating the High Line from the additional easement volume) and considered unencumbered by any leases, mortgages or other matters that will be released or otherwise subordinate to the grant of such additional High Line Support Easement Volume to the City. The appraisal shall not assume that as-of-right uses of the additional High Line Support Easement Volume may enjoy any access to and from the High Line. Any other appraisal assumptions or instructions not set forth herein shall be subject to approval by the City.

(3)        If such option is exercised by the owner, the City shall have up to 60 days from the delivery of the written notice described in paragraph (d)(1) of this Appendix F to irrevocably accept or decline the exercise of the option by written notice to the owner. If the City does not so accept or decline the option within said 60-day period, then the option shall be deemed declined and neither the City nor the owner shall have any further rights or obligations under this paragraph, (d), inclusive;

(4)        If such option is exercised by the owner and accepted by the City, the restrictive declaration described in paragraph (a)(1)(ii) of this Appendix F shall provide or shall be amended to include the additional High Line Support Easement Volume within the grant to the City, and the value of the additional High Line Support Easement Volume as set forth in the appraisal shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F;  

(5)        In the event that the City requests the owner to perform any work in conjunction with the dedication of the additional High Line Support Easement Volume and the owner agrees to perform such work, then the cost of such additional work shall be the responsibility of the City and may be deducted in whole or in part from the High Line Improvement Fund contribution required pursuant to paragraph (a)(1) of this Appendix F. All costs of fitting-out, operating, maintaining, repairing and replacing the additional High Line Support Easement Volume shall be exclusively the responsibility of the City and not the owner.