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Exhibit A

Exhibit B

BRC : About Us : BRC Today

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Founded in 1971 by lodgers of Bowery flophouses who wanted to improve their lives, BRC is today a leading provider of housing and services to well over ten thousand of New York City's neediest individuals. Offering a hand up, not a hand out, BRC asks: What can we do for you? BRC sees the potential in each person it serves and provides each the opportunity to find it through a robust continuum of housing and nonresidential programs offering health, mental health, treatment for addictions, vocational services, elder services, and supportive communities in which to live. Today BRC operates a continuum of 26 programs throughout New York, with a fiscal year 2010 budget of $48 million, 494 full-time and 24 part-time employees, and over 500 volunteers.

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Exhibit C

2009 Annual Report

Dear Friends,

We hope you are well. In these challenging times, doing well requires greater effort. Opportunities are fewer, resources more scarce and precious. Those who make our work possible need to know that BRC isnt just making an effort; we are succeeding. BRC is breaking the cycle of homelessness in the lives of those we serve, and in the life of the City we love. As homelessness increases, BRC is meeting the demand and getting results. In 2009, we grew our nationally recognized homeless outreach program and our innovative Safe Havens, added housing capacity in Harlem and the Bronx, broke ground on new housing in Brooklyn, and expanded our

homelessness prevention efforts. As a result, more BRC clients than ever moved into their own homes, achieved stability in their health, mental health and sobriety, and found and retained employment. In these pages (and on the covers) youll meet two extraordinary individuals, David and Opal. Their stories represent the thousands of BRC clients who succeeded last year. BRCs success derives from our unique strategy: providing clients a fully integrated continuum of services from the street to home; tracking performance; and living within our means financially. And in 2010, BRC will grow to new heights, as we create a 12-story, 100,000 square foot, integrated service center in Chelsea. It will Julie Salamon
Chair

be home to several residential and outpatient programs, all working in coordination to break the cycle of homelessness. In the centerfold is a preview of BRCs new home. Success doesnt come easy. It requires discipline, intelligence, commitment, patience, creativity;

and support from those who care and believe. Thats as true for BRC as it is for Opal and David. We are pleased to be able to report on our success, and we gratefully acknowledge and appreciate your support that makes possible our work and the success of the people we serve.

Sincerely,

Muzzy Rosenblatt
Executive Director

BRC Success

BRC Success

Opal Cotto
One of the Many Stories of Success at BRC

Every day, Opal Cotto arrives at work at BRCs Palace Employment Shelter, where she prepares lunch and dinner for over 100 men and women looking for work. The love that is a key ingredient in each of her recipes comes with a special appreciation for the challenges faced by her hungry clients. Before BRC, Opals income came from selling drugs. That is until she got caught. She used her time in prison to reflect, and became determined to be more responsible once her freedom was restored. While incarcerated, she used her time wisely, gaining knowledge and work experience. Released from prison in 2007,
2 BRC Success BRC Success 3

Opal came to BRCs outpatient substance abuse treatment center. She yearned for the responsibility and structure of work, not wanting to make the same mistakes again. Opal applied to and was accepted by Horizons, BRCs employment program. She learned quickly, and soon was rewarded with a 20-hour/week internship in BRCs main kitchen. She was a great student, and performed outstandingly. After completing her three-month internship, Opal found part-time employment at a fitness center.

But, having fallen in love with the kitchen, Opal continued to return to Horizons to search for full-time work. In 2008, Opal learned of an opening for a full-time cookat BRC. She applied, was interviewed, and was offered the job. Today, two years later, Opal arrives each day with a smile on her face, embracing all the heat her kitchen has to offer.

BRC Success

BRC Success

David Berry
One of the Many Stories of Success at BRC

For years, David Berry called Penn Station his home. Thats where BRCs Transit Homeless Outreach staff met him. Offering a hand up instead of a hand-out, these angels in orange listened intently to David, and built a trusting relationship. David wanted to change his life; but he wasnt ready to get sober. And not for want of trying, he couldnt manage the structure imposed by many shelters. In March 2009, David accepted BRCs offer and hopped into the outreach van. He arrived at the Bowery Safe Haven, a program created by BRC

BRC Success

for people like David. Though he battled major depression, David kept every appointment with his case manager. No longer living just to survive, and with a goal of finding a home, David sought sobriety. By the end of summer, he had completed his rehab program, stabilized his mental health, and was ready to move. In September 2009, six months after leaving the streets, he signed a lease for his own apartment. Today, David is a member of BRCs HomePlus program. He has his own one-bedroom

apartment in the Fordham section of the Bronx. BRC staff come by, making sure his transition to independence continues smoothly; if he needs help, theyre a phone call away. And in November, David obtained his commercial drivers license and found a job. Today, David continues to live independently and go to work. And having his own address and a mailbox are critical, as David is again in his childrens life.

BRC Success

BRC Success

Measuring Success
Fiscal Year Performance Indicators Average Daily Served Housing Capacity Housing Placements Successful Discharges

2,400

1,600

1,000

2,800

1,800

1,200

750

2,100

1,200

800

500

1,400

600

400

250

700

2007

2008

2009

2007

2008

2009

2007

2008

2009

2007

2008

2009

2009
Broke ground on 47-unit Liberty Avenue Homes

January
More than doubled capacity of the Bowery Safe Haven

February

July
Took over operations of 101-bed Boulevard Mens Shelter

Named national finalist for Mutual of America Community Partnership Award

2010
Complete construction on Liberty Avenue Homes

November

February
Signed lease for 127 West 25th Street, to create 100,000 square foot vertical campus

July

December
Move into new 25th Street facility

Began homeless outreach program with Downtown Alliance BID


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BRC Success

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innov ative results opport unity


4 : BRC

suc ce uc c cess
efficient
success \sk-ses\ n
1 : thousands of men and women each year who are breaking the cycle of homelessness 2 : intelligent and compassionate staff working together to create and togeth implement effective strategies 3 : a well managed, scally ge responsible organization that continues to grow to meet the needs of the people it serves

Roof Garden Success is creating the environment where clients and staff can best achieve their goals. For BRC, that means developing a 12-story, 100,000 square foot vertical campus, centrally located on West 25th Street. Transitional housing, outpatient treatment, and case management services and our main office will come together under one roof. The result is greater eciency and greater eectiveness, for an organization that already succeeds at achieving both. Construction starts in Spring 2010, with occupancy scheduled for December 2010.
For those seeking fresh air, or a bit of space, the roof garden offers clients and staff a peaceful environment for rest and reflection.

Administrative Office (12th floor) Case Management Offices (11th floor)


The departments of finance, human resources, property management, fundraising, research, and quality assurance, as well as BRCs executive leadership, will all be located here. Though not offering direct service to BRCs clients, our administrative staff provides critical support, and takes great satisfaction and pride in working on site with our clients and service-delivery staff.

Outpatient Programs (10th floor)


Complementing the services offered by residential programs are BRCs two outpatient programs. Serving individuals committed to maintaining their sobriety and their mental health, these outpatient programs offer a safe space to go every weekday. Clients gain insight into their illnesses and addictions, participate in skill development activities, and establish social support networks.

Preventing homelessness is as important as responding to it, and BRCs case management programs do just that. Staff offers one-to-one service coordination to formerly homeless individuals or those at risk of becoming so, working with them where they reside, to maintain their living situation or achieve a better one, successfully avoiding the need to enter a homeless shelter.

Shelter (6th-9th floor)


Homeless men with mental illness who have already achieved stability may not need the intensive structure of the Reception Center. For these individuals, BRC is creating a new shelter program, modeled on the success of our numerous other homeless shelters. Residents focus on finding their own housing, while also addressing other needs, such as furthering their education, pursuing employment, and maintaining their health and sobriety.

Reception Center (4th-5th floor)


Serving the most vulnerable men and women living on the Citys streets, subways, and in bus and train stations, the Reception Center provides temporary shelter and treatment to homeless men and women living with mental illness. Working with social workers, case managers, and health and mental health professionals (all on-site), residents gain insight into their illness, develop skills to live healthy and independent lives, and graduate into their own apartments.

Detox (3rd floor) Cafeteria (2nd floor)


Learning to live healthy includes eating healthy. Nutritious meals, prepared on site, are served in a communal setting where clients can catch up with each other, or find quiet time to read and reflect. With on-site medical and psychiatric staff supplementing credentialed addiction counselors, BRC takes a holistic approach to treating alcohol and drug addiction, and gets results that exceed the norm. To enter this program, only one thing is required: the desire to get, and stay, sober.

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BRC Success

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BRC Success

BRC Success

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BRC Success

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Statement of Financial Position


Bowery Residents Committee, Inc. and Affiliated Organizations

Statement of Activity
Bowery Residents Committee, Inc. and Affiliated Organizations

June 30, 2009

June 30, 2009

Assets
Cash and cash equivalents Investments at fair value Investment in limited partnerships Accounts receivable, net Prepaid expenses and deposits Due from limited partnerships Fixed assets, net Total Assets $ 1,896,626 26,081 500,309 5,185,213 389,296 910,726 9,266,446 $18,174,697

Revenues
Government and other grants Medicaid Program service fees Rental Contributions Interest and other Total revenues $25,809,760 5,708,846 6,229,325 1,224,043 1,089,699 206,053 $40,267,726

Expenses
Program services: Gateway Services Transitional Housing Permanent Housing Day Treatment and Services Total program services Supporting services: Management and general Fundraising Total supporting services Affiliated Organizations operating expenses Total expenses Change in net assets Net assets, beginning of year Net assets, end of year $ 8,457,386 17,171,186 5,821,513 4,305,552 35,755,637 3,670,060 244,809 3,914,869 273,257 39,943,763 323,963 3,726,302 $ 4,050,265

Liabilities and Net Assets


Liabilities: Accounts payable and accrued expenses Accrued salaries and fringes Accrued interest payable Deferred revenue Construction advance in escrow Line of credit Loans payable Total liabilities Net assets: Unrestricted Temporarily restricted Total net assets Total Liabilities and Net Assets $ 2,683,759 1,415,452 390,213 1,790,081 17,213 1,850,000 5,977,714 14,124,432 3,969,302 80,963 4,050,265 $18,174,697

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BRC Success

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Supporters
July 1, 2008December 31, 2009
$100,000 and Up
Carnegie Corporation of New York Meredith Elson and Matthew Sirovich Andrew Goffe and Jeffrey Levin Betty and Norman F. Levy Foundation Mayors Fund to Advance New York City The Starr Foundation Tiger Foundation Lilly and Arthur Salcman Select Equity Group, Inc. Lori Lesser and Daniel Shuchman TD Charitable Foundation The Jonathan M. Tisch Foundation Turner Construction Anoo and Viju Verghis Emilie and Michael Corey Kathrin Dellago and Doug Dossey Carolene and Richard W. Eaddy Jennifer Eisenberg Alan Epstein The Estee Lauder Companies Inc. Elizabeth and Michael Fascitelli Suzanne Fawbush and Chris Grisanti Shira and Anthony Fisher Winston Fisher Linda I. Gibbs and Thomas L. McMahon Elizabeth Glans and Richard Langberg Patricia P. Hall Michael Jacobson JPMorgan Chase Foundation Matching Gift Nancy L. Kestenbaum and David S. Klafter Vicki J. Levine Barry E. Light Elizabeth Lusskin and Marc Solomon M.M. Auto Repair & Body Shop Inc. Sharon Marcus Sara and John Marks Jennifer Maulsby and Christopher J. Gaspar Bryan McGreal Michael Meek Metzger-Price Fund, Inc. Laurel Molloy and Ben Roman Mufson Family Foundation William Mulligan Lynne Murray Adam Nagourney and Ben Kushner The National Center on Addiction and Substance Abuse New York University Community Fund Nice Touch Communications, Inc.

$5,000$9,999
Capital One Foundation Alex F. Cohen Community Foundation of New Jersey The Dammann Fund, Inc. Ilene Fiszel Bieler and Warren Bieler Alicia Glen and Daniel Rayner Goldman, Sachs & Co. Matching Gift Program Martha and Lawrence Graham Greenberg Traurig Howard Family Charitable Foundation Robert L. Krulak Mayer Brown LLP Philip Pitruzzello Marcy E. Wilkov and Chris Waterman

$50,000$99,000
Anonymous Altman Foundation Ira W. DeCamp Foundation The Hearst Foundation, Inc. Jenny and Greg Lyss The Pershing Square Foundation Julie Salamon and Bill Abrams The Wachovia Foundation

$25,000$49,999
FJC JPMorgan Chase Community Development Group Herman Lissner Foundation Sharon L. McCarthy and Antonio X. Molestina

$1,000$4,999 $10,000$24,999
Lily Auchincloss Foundation Ann E. Berman Feld and Daniel J. Feld Diane and James B. Carlson Citi Employee Community Fund Jean and Louis Dreyfus Foundation HSBC Bank USA, N.A. Daphne T. Hsu and Jeffrey B. Rosen Michael E. and Carol S. Levine Family Foundation The Lipton Foundation Simon Miller Mostyn Foundation, Inc. 42nd Street Development Corporation Tomoko and Richard Akin Tristan Ashby Elliott Azrak Marvin Azrak Anne E. Beaumont Alan W. Bieler Harvey P. Bieler Edith C. Blum Foundation, Inc. Brookfield Financial Properties L.P. Capalino + Company Christine and Gerry Chisholm Genevieve Chow and Mark Bierman

Pfizer Foundation Matching Gifts Program PNC Foundation Sid Ray and Philip Kearns Beth and Matthew Ricciardi Selena Roberts Brenda Rosen and Muzzy Rosenblatt Gail Rothenberg and Michael Benson Amy and Robert Rothman Judith Russell Suzanne Salamon and Alan Einhorn Amanda Schneider Robert D. Siegfried Stocks Family Fund Kathryn R. Stokes and David Esseks Caryn and Richard Swanson Michele and Anthony Tagliagambe David P. Tatum Phoebe Taubman and Craig Nerenberg Tiger Baron Foundation, Inc. Richard Tomasetti Douglas S. Toole United Way of NYC Work Place Giving Vanguard Charitable Endowment Program Claudia Wagner Karen and Roger Weisberg Nancy Wong and Gene L. Deetz Justine Zinkin and Jonathan Meyers Barbara and Donald Zucker

$500$999
Debi Alpert American Express Global Volunteer Action Fund Program Helen and William Beekman Donna and Mark Boehme BRC Junior Board William Calamia Jorge Canada Joyce and Saul Clateman Deborah Clearman Kevin Cobb Gail and Daniel Collins Mark J. Czaja

Madeline H. de Lone and Robert L. Cohen Stanley K. Doobin Lynn and Michael Dustin Anne Ebersman and Dan Caligor Felice B. Ekelman and Andrew B. Eckstein Mark Evans Ana Marie and Dall W. Forsythe Katherine Frank and Jerome F. Page Marilyn G. Gelber and Robert V. Jacobson Lisa Glass Roz Goldberg and Alan Bandler Grace Church Sarah Haga and Damon E. Strub Kathryn D. Haslanger and Gordon L. Berlin Anne and Steve Hentschel Shelley Hoffman Sarah M. Holloway and Diego Victoria JustGive Cecily Kahn-Kapp and David Kapp Barry S. Kramer Karen S. Lavine and Donald G. Kilpatrick David Levine Lone Rock Foundation Edwina Lukban Joella and John Lykouretzos Joan Malin Jessica and Brian Moriarty New York Community Trust Lynn Paltrow and Sara Krulwich Paul Peacock Helaine and Michael Pruzan Elizabeth Rodes Maureen and Melvin Rosen Howard and Joan Rothman Barnett Rukin Eli Salamon-Abrams Edmond Sannini and Concetta Frezzo Susan and Ted Schachter Ellen Schall Susan Scheuer and Jonathan Lipnick Timothy Schmidt

Marie-Noelle and Jeffrey Smith Barney Softness Jeff Spiritos Lynn Staley and Martin Linsky Sheila Vasantharam Graham Weinstein Jane Zimmy and Ron Neumann

$250$499
Sylvia Adekoya Rick Akin and Joseph Austin Benjamin Alter Susan Atkins and Eben Shapiro Elizabeth H. Berger and Fred Kaufman Susan R. Bolotin and John M. Rothman Stacey and David Brodsky Alexander Burgel Kimberley J. Burnett and P. Anondo Stangl Christopher Burris Naomi Bushman Megan Canter Alicia and Crescenzo Capece Alice E. Carter and Bruce Larson Leona and Winthrop Chamberlin Jean Chang Jeffrey Chu Maria and Frank Ciaravalli Nina L. Collins Mitchell Davis Sam Davis Stanley J. Diglio Adina and Isaac Eisenberg Andrea Engels Robert Essel Nancy Finton Elizabeth Fogarty Mark Foggin John Ford Patricia M. Franklin and Alan L. Rivera Ellen J. Gold and Adam S. Lechner Timothy Goodger Google Matching Gifts Program

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BRC Success

BRC Success

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Andrew Gregory Batya Halpern and Joseph Biber William Hibsher Raymond D. Hirano Timothy Hunt Shari C. Hyman and Daniel J. Horwitz Clare Kanter Sue Kaplan and David Karnovsky Andrew D. Lacey Alexa Lambert and Chauncey Parker Louise M. Lang Rachel Levine and Andrew Ceresny Blake Malin Roey and Jeff Margulies Sandra Maxa and Mark Sanders Musa and Tom Mayer Phoebe McBee Deirdre and Derek McKenna Jean McKenna Jackson Merchant Joseph Montano Sylvia Montero Sean Murray Sheila Nevins and Sidney Koch David Nocenti J. Patrick & Associates, Inc. Steven Pierson Marcia and Jeremy Pollack Tanya Reilly Marilyn and Peter Rosenblatt Rebecca Rubel and John Greenstein Carol Schwartz and Robert Sills Virginia and Edward Sermier Jane C. Sherburne and Robert I. Van Heuvelen Motue Shiratori and Leonard Langman Tracey and Roger Swaine David Tarnowski Thacher Associates TPG Architecture, LLP Henry Verschell Kathryn R. Vogel Elinor and Charles Wilder

$249 and Under


Aiesha Abrams Josh Abrams Lauren Albert Ann Allen-Ryan American Express Foundation Employee Giving Campaign Rochelle and Arthur Anderson Morris J. Annunziato Betsy Apple and Matt Brogan Arch Insurance Group Inc. Christine Bader Ellen Baer and David Lebenstein Aditi Bagchi Patricia E. Barbone Megan Barnett Richard Baronio Aileen M. Barry W. Peter Beardsley Eowyn Bennett Marnie Berk and Jon Silvan Jose V. Bermudez Susan I. Bernfield and Claude M. Millman Jennifer Bernheim Jonine L. Bernstein and Randy M. Mastro Janis and Tom Berry Susan Besignano Kenneth J. Bialkin Wilma and Paul Bieler Beatriz Biscardi Loren Blackford and Michael Dubno Jeffrey S. Bloise Mimi Bluestone and Herb Perr Muriel and Elliot Blumenfeld Reuben L. Borman Margaret Bourjaily and Noah B. Pollak John Boyd Tammy and Charles Brass Monique Breindel and Jonathan Oberman Mary Elizabeth Britton Kathleen A. Browning Sheridan Leah Buenaventura and Philip J. Miller Timothy Bunting Linda R. Burt Linda Cahill Julie Calidonio

Susan M. Campbell Jane Canter Theresa J. Canzoneri Gabrielle Carlin David S. Carroll Majora J. Carter Melissa Caruso Sarah L. Cave Madhura and Varkki Chacko Georgine and Christopher Chalsen Gail and Peter Chapman Rebecca Charney D.J. Cherry Ariana and Michael Chiaravalloti Caroline Chow Warren E. Chow Barbara Chu Claudia M. Canale-Parola and Matthew A. Blumenfeld Kevin Clines William R. Cochran Alan Cohen Elizabeth S. Cohen Hampton Coley Collegiate Church Corporation Mary and Nelson Conde Kell Condon Hugh Convery Pamela K. Corey Donna Correll and Ricky Brown Laura Cronin Jacqueline Cumberbatch Joan Cummins Peter Cunningham Soraya E. Darquea-Molto Arlene DeRise Lauren D. Deutsch Timothy Didomenico William Donohoe Blanche Edwards Martha Ehlenbach Joanne B. Ehrlich Aria Ertefaie Jose Escudero Natly and Robert Esnard Pippa P. Everly Jennifer E. Falk Armanda Famiglietti and Noel Muyskens Liz Fanning Jessica Feldman

Robert Feldstein Janna Ferner-Bell Elena P. Fichtel Nancy G. Fields Jim Fingeroth Stephen I. Fiszel Katja Flueckiger Claudia T. Forest Carole Forte Anne and Murray Foss Susan E. Foster Ruby Francis Ruth Fretts Benjamin M. Galynker Laura A. Garn Jan Gawthrop Leslie Gayle Gabrielle Genauer Barry Gendelman The Gift of Giving Inc Patricia and Thomas Glynn Ms. Frances Goldin Daniel S. Goldman Ian Goldrich Sheryl A. Goldstein and Stephen Kramer GoodSearch Natalie Goodwin Dorothy and Philip Green Shannon F. Green Patricia and Daniel Gregory Nicole M. Griffith Miriam and William Grinker Jeanny Pak and Matt Gross Leta Grzan Robyn Gundy Barbara and Tim Gunn Jacqueline Gutwirth and Misha Avranoff Maritza Guzman and Steven Abrahamson Brian A. Hale Tyrone Hall Steven A. Hammond Robin Harper Domina Harrison Larry Harrison Daniel Herman Anthony Hill Lynn Moore-Hill and David A. Hill Lori and Frank Hirons Cary Hirschstein Stephan E. Hornung Charles Huberty

Robyn A. Huffman and Donna R. Merris Carl Hum Bergson Imbert David Isaacson Jeffrey Isaacson Darnell L. Ivory Emily Jackness and Douglas Grover Quecvas James Georgette Jasen and Max Van Gilder Jefferies & Company, Inc Jewish Community Foundation of MetroWest New Jersey John Johnson Phyllis Jones Tarek Juman Norma and Joshua Justin Stephanie Kanarek and David Smith David Kanowitz Carole Kasmin Donna and Lawrence Kass Jerome H. Katz Susie Kessler and Peter A. Geffen Sadiqua Khabir Sharad Khemani Judith and Steve Kirkpatrick Thomas Klitgaard and Kyle Staver Janet Kovak McClaran Hillary Kun and Joe Bolster Josefa Lado Joan Laskoff Richard Lavenstein James Lawler Cary Lazar James Leader Joe Lee Patricia and Paul Lee Anat Leonard Allison S. Levine William Lewis Beverley A. Little John LoCicero Nadine and Duncan Logan Kristin Lum Clarinda Mac Low Elaine and Stephen Mack Heather Malin Joy Malin

H. Gwen Marcus and Nancy R. Alpert Jared Marks Maria A. Marrero Gabrielle S. Marshall Kevin Martin Jimena P. Martinez and Michael J. Hirschhorn Lisa Mastronardi Caroline McCall Miriam A. McCann C. G. McFall and Peter F. Olberg Raymond G. McGuire McKinsey & Company, Inc. MDRC Lisa Melmed Merck Partnership for Giving Merrill Lynch & Co. Foundation Matching Gift Program Jennifer Messier Susan Milamed and Jack L. Jacobs Robert A. Miller Ruth and Bernie Miller Carl W. Mills IV Terri Minsky and David Blum John Mollenkopf Fernando Morillo MTA New York City Transit Megan and John Murphy John B. Musto Sharon Myrie and Jose Maldanado Doris Nagel Baker Malvina Nathanson Natalie and Lane Nevares New York Times Company Foundation Amy Nicholson Daniel A. Nickolich Shino and Caleb Oglesby Barbara and Lester Ostrick Neil J. Oxford Harry Packman, Jr. Louise M. Parent Jerome N. Pasichow Anne Penson Dilip Philipose Aaron Phillips Betsy Pierce Chris Rapach Janet Ray Edwyn T. Reid

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BRC Success

BRC Success

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Designed and Produced by Taylor & Ives Inc., NYC

Gavriel Reisner Elie Ribacoff Dorothy L. Rick and Barry C. Scheck Andrea and Calvin Roberts Stacey Robertson Jenny Rodriguez Lois and Philip Rosen Susan Rosenblatt Benjamin Rosner Gary Ross Amy Rouse Sheila Rubin Alexandra Rukin William Rukin Janice and Jack Sabin David Sahr Connie Scarpa Michael Schept Charles Schilling Cara L. Schnaper Julia and Mark Schonfeld David M. Schuld Wendy and Benedict Sciortino Michelle and Judson Scruton Suzanne B. Seiden and Kevin L. Thurm Patrick D. Selby Charles Shafran Robert Y. Shapiro Shambaag Sharma Wallace Shawn Clara Sheets Tracy Sherman Nancy Sills Silver Peak REIT, Inc. Mark Slobin Laura L. Smith Stephen Smith Christian R. Sonne David Spangler Selena Spears Vicki Speegle Christine M. Stecura Carol Strickland Oswald Stubbs Abby Stuthers Peter Sullivan Barbara and John Summervill Jason Sussman Andrea Swenson Anne J. Swern Larry and Rennie Szczur Eva Tan Beth and Nick Tanelli

Micheline Tang Hannah Taylor Lori and Kennie Taylor Joan Teicher Melinda and Jeffrey Tepler Susan Thomases Michael D. Tiger John Tise Amy and Joseph Tone Michael J. Traube Kristin Trautman Stephanie and Adam Treanor Karen Trella Evans Catherine M. Twanmoh Sz-Shiuan Tzuo Hiromune Usuki Victoria M. Vallas-Cullen and Leo C. Cullen James Van Dusen John Varvatos Enterprises, Inc. Sheila Vogel Peter H. von Mayrhauser Nancy Walker and Stephen Jacobs Robert Walton Paul and Christine Wanuga Peter Wargo Wendy and Tim Warlick Natasha Watterson Daniel Weiner Marc Weinstein Michael Wilder Joyce Willis Jaime Winkelman Nicholas R. Winter Susan Wiviott and Andre Aciman Amanda Wolf Edina and Frank Wolf Margaret L. Wolff and Charles O. Prince Joanne Wong and Lona Nallengara Jill Woodward James Young Cathy and John Youngdahl Elizabeth Zeldin ZogSports Julie Zuckerbraun

Federal Emergency Management Agency Lapes Group Office of the Manhattan Borough President Metropolitan Transportation Authority-State of New York NY City Council NYC Department for the Aging NYC Department of Health & Mental Hygiene NYC Department of Homeless Services NYC Department of Housing Preservation & Development NYC Human Resources Administration NYS Housing Finance Agency NYS Office of Alcoholism & Substance Abuse Services NYS Office of Mental Health Port Authority of New York & New Jersey U.S. Department of Housing & Urban Development U.S. Public Health Service U.S. Substance Abuse and Mental Health Services Administration United Way of New York City
Photographs by Robert Essel

Board of Directors
James B. Carlson
Mayer Brown LLP

BRC Locations
Manhattan
Palace Apartments Boulevard Residence 315 Bowery 2027 Lexington Avenue Palace Employment Bowery Safe Haven Residence 315 Bowery 317 Bowery Casa de Los Vecinos Reception Center* 91 Pitt Street 324 Lafayette Street Cecil Ivory House Senior Center 149 West 132nd Street 30 Delancey Street Chemical Dependency Service Planning and Crisis Center* Assistance Network 324 Lafayette Street 80 Centre Street, Suite 200B Clyde Burton House The Bronx Apartments Callaway Residence 330 East 4th Street 1548 Bryant Avenue Continuing Day Treatment* HomePlus 85 Delancey Street 500 Bergen Avenue Food Service Program* Service Planning and 139 Avenue D Assistance Network 500 Bergen Avenue Fred Cooper Substance Abuse Services Center* Brooklyn 85 Delancey Street Fulton House 2570 Fulton Street Glass Factory Apartments 139 Avenue D HomePlus 1071 Bergen Street Home-Based Case Management* Lexington Avenue Womens 224 West 35th Street, Residence Suite 200 85 Lexington Avenue Homeless Outreach Liberty Avenue Homes 625 8th Avenue Summer 2010 902 Liberty Avenue Horizons Workforce Development Service Planning and 317 Bowery Assistance Network 408 Jay Street, Suite 203 Lex Safe Haven 159 East 115th Street Queens Longacre Residence Service Planning and 317 West 45th Street Assistance Network 29-76 Northern Boulevard, Los Vecinos Apartments Suite 141 93 Pitt Street Metropolitan Apartment *Moving to 127 West 25th Street Program* in late 2010 1916 Park Avenue, Suite 602 Moving Home Initiative 315 Bowery MTA Connections Transit Homeless Outreach 2 Broadway

Genevieve Chow
JPMorgan Chase

Alex Cohen
Cushman & Wakefield

Richard W. Eaddy
E T Partners LLC

Alicia Glen
Goldman Sachs

Andrew Goffe
Goffe Capital Management

Lawrence Graham (Treasurer)


Brookfield Properties

Gregory S. Lyss Simon Miller


Greenberg Traurig, LLP

Antonio X. Molestina (Secretary)


Fortis Bank Nederland

Corporate and Community Group Volunteers


American Express BRC Junior Board City College of New York Cornell University Forefront Church JP Morgan Chase Marble Collegiate Church Morgan Stanley National Australia Bank New York Junior League New York University Rebuilding Together NYC Salesforce.com The New School XL Capital Assurance Youth Service Opportunities Project

Philip R. Pitruzzello
Columbia University

Julie Salamon (Chair)


Author

Matthew Sirovich
Scopia Capital

Viju Verghis
PNC Financial Services Group

Government and Other Funders


Citymeals-on-Wheels East Midtown Partnership Downtown Alliance

Marcy Wilkov (Vice Chair)


American Express Company

Muzzy Rosenblatt
Executive Director

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BRC Success

Breaking the Cycle of Homelessness

324 Lafayette Street, 8th Floor, New York, NY 10012 After December 31, 2010 127 West 25 Street, New York, NY 10001 212.803.5700 www.brc.org

Exhibit D

Print Version > Welcome To Chelsea, BRC

http://chelseanow.com/articles/2010/10/13/editors_latest/doc4cacccfbe6...

Editors Latest

Welcome To Chelsea, BRC


Published: Wednesday, October 6, 2010 2:25 PM CDT

For 40 years, the Bowery Residents Committee has been working successfully to break the cycle of homelessness in New York. They do this through a unique program that helps clients first achieve stability in their physical health, mental health, and sobriety then works with them to find and retain housing and employment. They operate dozens of well-run programs throughout the city, including multi-service sites at 324 Lafayette St. and 315-317 Bowery. They now have a plan, in progress, to develop in Chelsea a 12-story, 100,000-square-foot vertical campus at 127 W. 25th St. Several programs will operate under one roof, including an expansion of their help to the homeless. Last week, BRC executive director Muzzy Rosenblatt led our publisher, associate editor and reporter on an extensive tour of their 324 Lafayette facility, during which we met administrators, counselors and clients. We emerged fully confident about the necessity of a 25th St. facility, as well as the BRCs ability to successfully accomplish this undeniably ambitious project. The BRC has our unequivocal support. The decision to support BRC was not made lightly. It happened only after a long and contentious vetting process by the city and community. The BRC is a nonprofit entering into a landlord/tenant relationship for which they are under no legal obligation to secure the blessings of the community board, politicians or neighborhood advocates. We nevertheless believe that the BRC has been responsive, open, and transparent with the community about their plan. We encourage readers interested in learning more about this project to access the BRC website www.brc.org which lays out a description of the new program, detailed responses to questions from members of the community, the BRCs strategy for safety and security as well as the organizations funding sources, and support letters from business and residential neighbors. The opposition to the BRC facility rightfully insisted on a transparent presentation of zoning, security, and other issues but we believe their argument that the facility poses a security, economic and quality of life threat to the 25th St. block and the neighborhood in general is not persuasive. The blocks on which BRCs Lafayette Street and Bowery facilities now stand are populated by everything from mom and pop shops to upscale stores to NYU dorms to numerous residences. This clearly demonstrates that such a facility can exist alongside business and residential entities without causing any damage to personal safety or the bottom line. As for the effectiveness of their programs, BRC has, over four decades, been thoroughly vetted and scrutinized by city, state and local interests. A further vote of confidence must be given when one realizes that the most contentious element of the plan a 200-bed shelter which will be filled by homeless men with mental health challenges does not allow for any coming and going. These men will be effectively locked down until their treatment is complete. Some neighborhood organizations are still calling for the BRC to start with considerably less than 200 beds and then work their way up as they prove their ability to manage the program. But for the entire project to be financially possible, the shelter must operate at or near capacity. We are confident that BRC has the experience and track record to make this larger project a success. Having 200 homeless people off of our streets and getting quality care is far better than 75 or 100. Addicts come in all shapes, sizes and levels of economic status. Even the most upstanding of Chelsea citizens may one day find themselves in desperate need of the services being responsibly dispensed at BRC. When that day comes, were grateful that BRC will be there to welcome and help you without judgment in your quest for sobriety. We are convinced that, in the long term, Chelsea will not only embrace the BRC, but will be proud that W. 25th St. is home to a standard-setting facility that turns peoples lives around.

Copyright 2010 - Chelsea Now

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10/19/2010 5:20 PM

Exhibit E

Cheek by Jowl - New York Times

July 10, 2005

Cheek by Jowl
By JOHN FREEMAN GILL

IVAN LOPEZ, an unemployed forklift operator who has lived most of his life in Chelsea, was chatting about his recent lunch with Harrison Ford, a newcomer to the neighborhood. "I met him at La Taza de Oro," Mr. Lopez said, referring to a small rice-and-beans shop on Eighth Avenue. "Well, I didn't really meet him," he admitted. "I was sitting there, and he was so close." Mr. Lopez could hear Mr. Ford talking about the luxurious loft he had bought. "I got his autograph." This is today's Chelsea, a neighborhood of sometimes stunning cheek-by-jowl incongruity, where no one was at all surprised the other day to see a wrinkled Latino man in a Panama hat tooling up Ninth Avenue in a motorized wheelchair past two impeccably coiffed blond men in tuxedos hailing a cab. But perhaps the biggest incongruity is this: On Ninth Avenue, in the middle of $2.7 million penthouses on West 19th Street and $3,400 jackets at Chelsea Market, stand Fulton Houses, the 944-unit public housing project stretching from 16th to 19th Streets. Although the average Chelsea household earned about $83,000 in 2000, the most recent year for which data is available, average household income among the 2,215 residents of Fulton Houses is just under $25,000. Once, the two worlds were more similar. When Fulton Houses' 11 brick buildings were completed in 1965, the economic divide between the project's residents and those in the predominantly working-class neighborhood around it was far less pronounced. The average household income at Fulton was $5,408 in 1970, while the average Chelsea household earned $8,505. But the character of Chelsea has evolved considerably. Gentrification proceeded gradually in the 1960's and 70's, gathering force in the late 80's and 90's with an accelerating influx of gay professionals and middle-class families. Bodegas and workingman's bars gave way to upscale restaurants. The 1990's also brought Chelsea Piers and a thriving gallery scene in West Chelsea, lending an air of hip prestige that has helped drive real estate prices skyward. Other neighborhoods have experienced rampant gentrification around public housing. But as Chelsea becomes a place where two restaurants within three blocks have bathroom valets, the changes around Fulton vividly demonstrate what happens when a mixed-income neighborhood is pressed by forces of wealth and fabulousness. And the area is poised to transform further still. Late last month, the City Council approved a plan to rezone 68 acres of far west Chelsea between 16th and 30th Streets. The centerpiece of the plan is the transformation of the High Line elevated railway into a 22-block-long ribbon of green space, but the rezoning will also add 5,500 units of housing to the neighborhood. While the plan calls for about 1,200 of the units to be affordable to households with low, moderate and middle incomes, the remaining 4,300 would be market rate. And in Chelsea's sizzling real estate environment, where the median sale price of a three-bedroom condominium is currently $3 million, that means even more luxury will be bumping up against Fulton Houses. As these waves of wealth wash up on its shores, some inside the complex feel increasingly cut off. "We're an isolated little island," said Ann Marie Baronowski, secretary of the Fulton Houses Tenants Association. "We have great apartments and great rent, but we can't afford to do anything here. The only thing we can afford is Western Beef. There are no restaurants you can afford, no food shops you can afford, no clothing stores you can afford. You're living here, but basically all you can do is sleep here." Inside the Brick Towers Thursday through Sunday nights, the Fulton Houses apartment of Sonia Jamison throbs with music, laughter and alcohol-tinged conviviality. Unfortunately for her, this good cheer originates not in her home but across Ninth Avenue in the Maritime Hotel building at 17th Street, where La Bottega's restaurant, cafe and two cabanas regularly overflow with well-dressed night owls. "I have never been over there because I can't afford that," Ms. Jamison said one recent afternoon while chatting with friends in a Fulton Houses playground. "But I see who goes in and out of there: movie stars, P. Diddy, Jay-Z. A couple weeks ago, some guys came out of there arguing and fighting because they were drunk." Ms. Jamison, a mother of three who works as a bank customer sales representative, jabbed a finger toward the gleaming white hotel. "They put it right across the street from the project," she said, her anger building. "The bottom line is, it's for rich people." Not everyone living in Fulton Houses resents the presence of trendy newcomers like the Maritime, the former home of a sailors' union that was redeveloped in 2003.

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Cheek by Jowl - New York Times

"Because I work and my whole family is successful, I appreciate this," David Nelson, a supervisor at United Parcel Service, said of the proximity of upscale clubs and restaurants. Mr. Nelson, who had just returned from his shift and was sitting on a playground bench, talked proudly about his eldest son, a 25-year-old movie actor whose mother grew up in Fulton Houses with famous siblings, the Wayans brothers comedians. "It brings up the whole area," Mr. Nelson said of the high-end new businesses. "The problem is the drug dealers. If you're building around projects and you bring clientele to places around here, you're making them more money." A Golden-Lit Playground The midnight scene at the Maritime Hotel on a recent Saturday looked like a cross between Times Square and Tavern on the Green. Honking cabs lined up two deep along Ninth Avenue, disgorging well-scrubbed young men along with young women clutching designer handbags. A white Hummer stretch limo glided by. Above the raised plaza of La Bottega, glowing Chinese lanterns wafted in the breeze, hovering bowls of inviting golden light that provided a striking contrast to the mostly darkened windows of the Fulton Houses across the street. In the northern cabana atop La Bottega's restaurant, accessible only through two sets of gatekeepers, young patrons sipped martinis and grooved to Foxy Brown's new single, "Come Fly With Me." Maurice Rodriguez, the Maritime's director of operations, said petty theft had been a problem, and attributed it to young people from Fulton Houses. "In fact," he said, "on Thursday night we caught two kids who lived in the projects purse snatching." Mr. Rodriguez said that the two youths had told the hotel's security staff that they lived in Fulton Houses. Law enforcement officials said they saw no pattern of Fulton Houses residents' being arrested for robbery. Many patrons, meanwhile, were oblivious to the proximity of Fulton Houses. "Are they projects?" asked Lianne Graubart, a Chelsea resident and real estate agent, when told that a public housing complex sat across the street. "Are they really projects? Really?" "Housing projects? No way," added her boyfriend, Morris Amiri, an asset manager who was wearing a white linen shirt, True Religion jeans and a tan acquired while attending a friend's wedding in Maui. "That's sad. They're all screwed up, and we're over here having a good time. I hope they're not going to be chased out." Between shots of Patron tequila, he added: "The rich are getting so rich, and the poor are getting more poor, so you're seeing a situation where extravagance is driving people's happiness. The more they get, the more they want." Exit the Middle Class Melva Max, a funkily elegant restaurateur who opened the unpretentious French bistro La Lunchonette on 18th Street and 10th Avenue with her chef husband in 1988, is not among those who want more extravagance in Chelsea. "I'm happy about a lot of the changes, like the galleries, but now it's going too far," she said the other day, pointing to lots down the block from the projects where luxury condominiums are slated to rise. "The building of all these super, very, very expensive apartments is disturbing to me." Ms. Max, who lives in a rent-stabilized apartment, noted that many customers had been priced out of the area by rising rents, while friends had sold their brownstones for $5 million and moved away. "These are like normal people, really working-class, middle-class people with kids," she said. "And it's just shocking to me that they're all selling and moving out. I just feel kind of sad." The New, the Rich Some people buy used mattresses on the Craigslist Web site. Austin Nagel, a 22-year-old Brooklyn real estate developer, bought a $2.7 million triplex penthouse in Chelsea Club, an icy-chic luxury condominium, 12 stories of tinted glass and cast stone rising on the site of a former parking lot on 19th Street near 10th Avenue. Mr. Nagel, who has made a quick fortune turning Brooklyn Heights town houses into condos, stood atop his private roof recently and grew giddy as he scanned his sweeping views. He surveyed Chelsea Piers, where he works out; the high-rise where his acupuncturist keeps his office; docked boats bobbing in the glittering Hudson River; and the blocklong Chelsea Market, where one of his new neighbors, a celebrity hair-andmakeup artist, stores fine wines in the Chelsea Wine Vault. He also surveyed the dingy brick buildings of Fulton Houses, where the average monthly rent is $348. "It doesn't even bother me that I'm looking over this," he said of the project. "These people will talk with you if you talk to them. You'll see them when you're walking your dog. They'll say, 'What's up?' They'll get to know you. On the Upper East Side, no one will talk to you." Isolated by Affluence? Inside the concrete-block-walled office of the Fulton Houses Tenants Association, the group's president, Jimmy Pelsey, sat with a few of the association's members and discussed the scarcity of neighborhood jobs for Fulton residents. A parade of new upscale Chelsea businesses had

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Cheek by Jowl - New York Times

promised employment for Fulton residents at meetings of Community Board 4, only to later break their word, said Mr. Pelsey, who is a board member. When Richard Born, a co-owner of the Maritime, sought a variance in 2001 to add two structures to its raised plaza, Mr. Pelsey said, "I asked in Community Board 4, 'What are you going to offer to people in the development?' " Mr. Born, board minutes show, replied that 90 percent of his project's 150 to 175 jobs would be open to the community. Later, said Miguel Acevedo, another board member, "I personally brought over 150 applicants with applications." But according to the two men, no Fulton residents were hired. "We have several people that live within walking distance that work here," said Mr. Rodriguez, the Maritime's director of operations, who oversees most of the business's 450 employees, including one living in Covenant House, the center next door for at-risk youth. "I don't know if they specifically live at the Fulton House. We hire people of all colors and races." The fear that rising rents and the burgeoning development of luxury condominiums might further isolate Fulton Houses and other nearby projects, the Chelsea and Elliott Houses, in a sea of affluence impelled Mr. Acevedo and others to argue strenuously for the city to include affordable housing in the rezoning of far west Chelsea. As the new zoning plan shows, they largely succeeded, and 100 of the mixed-income units will be developed on a Fulton Houses parking lot. While Mr. Acevedo maintained that such mixed-income housing would give the children of Fulton residents a chance to stay in the neighborhood, not everyone at the gathering was so optimistic. Joe Schuler, a powerfully built man with a salt-and-pepper Fu Manchu mustache, believes that Fulton Houses will eventually be sold to private developers. His comments echoed a longstanding rumor making the rounds at the project. "You don't have millions spent around a ghetto and have it remain a ghetto," Mr. Schuler said. "We're the sore spot in this neighborhood." Howard Marder, a spokesman for the New York City Housing Authority, insisted that the authority had no plans to privatize Fulton Houses. "That rumor pops up all over the city, for some reason, whenever a neighborhood undergoes gentrification," he said. 'Still a Gay Ghetto' The evening after the city's gay pride parade last month, hundreds of well-groomed "Chelsea Boys" poured into the Park restaurant on Tenth Avenue near 17th Street for the club's regular Sunday party. Some chatted in the outdoor garden, which is planted with softly illuminated Japanese maples. Others cavorted in the hot tub in the Asian-theme rooftop bar area. But Sophia Lamar, a Cuban-born transsexual who was performing at the party and wore a polka-dotted Balenciaga bathing suit and high heels, was not entirely sanguine about the area's status as a magnet for gays. "Chelsea is still a gay ghetto," Ms. Lamar said, crossing one gartered leg over the other. "I'm against ghettos, whether they're youth ghettos or black ghettos or minority ghettos or gay ghettos. I don't think there's any need to separate yourself from the rest of the society." For this reason, she said, the juxtaposition of glamorous wealthy people with the low-income residents of Fulton Houses is a terrific thing. "I've lived in different cities in the U.S., and the housing projects are always in places where people don't go," continued Ms. Lamar, who has visited a friend's mother at the housing project and has never felt uncomfortable among its residents. "And here I think it's wonderful because it shows that there's room for everyone. Rich people are going to a supermarket, and poor people are going to the same supermarket, and that doesn't happen in any other city." What the Barber Knows When Manuel Manolo and his two fellow barbers are snipping away in the misleadingly named New Barber Shop on Ninth Avenue near 19th Street, the talk, by turns in Spanish and English, ranges from baseball to politics. On a recent Saturday, it settled on Fulton Houses. Eddie Andujar, a longtime Fulton Houses resident who worked as a groundskeeper for the project for 25 years, said that it had been beautiful until about 1990, but had gone downhill since. "Because of the drug dealers, it's very dangerous over here at nighttime," he added. There have been two homicides at Fulton Houses since late January, the police said, but neither was thought to be drug-related. "Crime in the 10th Precinct has declined dramatically in recent years," said Deputy Commissioner Paul J. Browne. "The Police Department pays close attention to conditions there and responds accordingly." Since 1993, robbery in the precinct has dropped 74 percent and felony assault 53 percent. Near the spinning barber pole, George Weaver, a 30-year-old Fulton Houses resident in a faded Million Youth March T-shirt, awaited his turn in Mr. Manolo's chair. Mr. Weaver, who recently received an associate's degree in business administration from Monroe College in the West Bronx, said he wished the Housing Authority would screen prospective Fulton Houses residents more thoroughly. "People from shelters don't necessarily have a sense of community," he said. To illustrate his idea of how a community should work, he nodded toward Mr. Manolo. "He always encouraged me to stay in school every time," Mr. Weaver said. Mr. Manolo, who has lived in Fulton Houses for 40 years and cut hair for just as long, grinned. "I took a picture of him the day he graduated from college," he said proudly as Mr. Weaver climbed into his red leather chair. With that, the courtly barber took a straight razor and ran it

http://www.nytimes.com/2005/07/10/nyregion/thecity/10feat.html?_r=1&pagewanted=print[10/18/2010 2:45:13 AM]

Cheek by Jowl - New York Times

gently across Mr. Weaver's Afro, which fell in leisurely dark clumps onto the worn linoleum floor, mingling with the blond hair and eyebrow trimmings snipped from the customer in the neighboring chair.

Copyright 2005 The New York Times Company

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Exhibit F

REAL ESTATENEW YORK

as Chelsea changes, its roots remain


With the High Line open and a boom of new developments, Chelsea remains an artsy neighborhood true to its industrial past.
By Kaitlin Ahern

ong known as Manhattans gallery districthome to the highest concentration of art galleries in the country, if not the world Chelsea has been the preferred corner of the city for the creative and somewhat offbeat for nearly a century. Though not underdeveloped, the area showed considerably more resistance to development than the citys denser areas. In light of recent happenings, thoughincluding new zoning laws and a popular new park by name of the High LineChelsea, and specifically West Chelsea, is seeing some changes. And though these developments are pushing it into a more commercial direction, the area has still managed to stay connected to its roots, maintaining the edgy vibe thats long separated it from other Manhattan neighborhoods. Stretching from 16th Street north to 30th Street on Manhattans West Side and roughly bound between 10th and 11th Avenues, West Chelsea saw its beginnings as farmland in the early 1800s. Like many other areas of New Yorks developing metropolis, its rural charm faded as the neighborhood evolved. But there is where many similarities end. An influx of population provided the workforce, and the areas natural amenitiesincluding, most notably, its proximity to the Hudsonwrote the rest of the story. By the beginning of the 20th century, Chelsea had become an industrial huba neighborhood of factories, warehouses, and piers and a center for silent films, marking the beginning of Chelseas affair with the artistic crowd. The combination of these influences essentially laid the groundwork for the

neighborhoods personality. Factories and warehouses have since become art galleries and off-Broadway theaters, and, more recently, a certain rundown railway line has undergone a reported $85 million renovation into the citys first elevated park. Originally constructed in the 1930s, the High Lines purpose was to remove dangerous freight traffic from the streets of what was then Manhattans largest industrial district. The 30-feet-high tracks span from Gansevoort Street north to West 34th Street, between 10th and 11th Avenues. Saved by the Friends of the High Line organization in 1999 and transformed into a model of innovative landscaping and modern design, the parks first section opened last June between Gansevoort and 20th Streets, in the Meatpacking District, though most of the line is located in Chelsea. In many ways the High Line is reflective of the neighborhood itself, evolving from industrial center to an offbeat modern marketplace of culture thats been attracting a lot of attention lately. I think the High Line has opened up the door to Chelsea, says Karen Gastiaburo, senior vice president and Tribeca sales manager for Warburg Realty Partnership. People are focusing in on those parts of town [by the High Line] and doing things to make it more liveable and pleasurable. Take the renewed interest in the area spurred by the High Line, combine with a city-ordered rezoning of the West Chelsea neighborhood in 2005 meant to encourage and guide the development of West Chelsea as a dynamic mixed use neighborhood, and youve got the two-part catalyst thats steered the area into more commercial waters than ever before. A flood of

lively ethnic restaurants and trendy clothing boutiques have earned this areas recent prestige as an alternative shopping destination. And in the past five to 10 years, Chelsea has seen a building boom, especially in the form of highrise luxury buildings. Many of these new developments artfully echo the areas industrial past through their architecture and aesthetics. The High Line has gentrified the area without changing its flavor, says Alan Sands, senior vice president and associate broker for Corcoran Group Real Estate and a member of Friends of the High Line,. About five years ago there was a boom of developments, which has brought more people, shops, and restaurants, but it still has that industrial, gallery feel to the district. The architecture and look hasnt totally changed. One example is the property at 456 West 19th Street, an 11-story boutique condo building developed by architect Cary Tamarkin. The structure houses 22 duplex residences, each with double-height living areas, ranging in size from 1130 to 3000 square feet. Among those are four penthouses, located on the buildings top four floors, each featuring six-foot-wide fireplaces and large private terraces (1100-1800 square feet), which mirror the waves of the neighboring Hudson River. Prices for the residences start at $1.5 million, with penthouses priced from $6 million. About half of the units have High Line views, and most have views of the river as well. I think the type of person thats attracted to West Chelsea is one who appreciates the fundamental beauty of the neighborhood, says Millie Perry, director of sales for the building under Stribling Marketing Associates. The feedback Ive gotten from buyers is that theyre drawn by the exterior beauty of the building. They love the way it blends in with the industrial elements of the neighborhood, but its also a classic brick building with these stunning windows. A bit north lies the six-story property at 525 West 22nd Street, developed as the first condo building in the area in 1997 and renovated in 2008. According to Sands, who represents the building for Corcoran, the structure is a rare find in that the layouts of each residence are different. The developer only did the kitchens and bathrooms, then people did their own thing with the rest of the apartment once they moved in, Sands explains, adding, Theres a lot of warmth in the building thats not being recreated in todays world. Whats more, the eastern wall of the building actually fronts the second section of the High Line (in fact, a third floor apartment was once a loading dock), which means many of the residences will have stunning views of the park when the second section opens this year. But the gem of the property is Penthouse A, with 3600 square feet of space

[ Architect Cary Tamarkin designed the property at 456 West 19th Street in understated elegance, drawing on the classic artists studio spaces of the early 20th century for inspiration ]

and 1100 square feet of private rooftop terrace, which is currently listed at a cool $8.495 million. In 1997 it wasnt an art district, but the unit itself has a gallery feel, Sands says. It has the original cement floors and exposed brick interiors, 12-foothigh ceilings, and floor-to-ceiling columns. It fits in well with the Chelsea area. In terms of real estate, pricing has been very strong in the neighborhood, Gastiaburo says. Many of the new luxury developments have high price points, from $1500-$1700 per square foot, which is above the average city neighborhood, she says. With more properties in development over the next five years or so and the addition of the two northern sections of the High Line, Chelsea is on track to become one of the citys more lively residential neighborhoods. But as it evolves, its roots will likely stay intact. The area has changed, but the flavor has been maintained, Sands says. Its certainly a destination, and the High Line has opened it up even more to New Yorkers who werent aware before of the beauty and uniqueness of the area.

[ The den (opposite page) and living room (below) of Penthouse A at 525 West 22nd Street, in the heart of Chelseas art gallery district ]

76

77

Exhibit G

Chelsea Now > Archives > News > GMHC Confronts Lease Crisis

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Thursday, June 10, 2010

GMHC Confronts Lease Crisis


BY PAUL SCHINDLER
Published: Thursday, June 10, 2010 12:26 PM CDT

Gay Mens Health Crisis had a very good day on May 16th when its annual AIDSWalk fundraiser in Central Park exceeded expectations, raising at least $5.7 million, with the final tally still not in. But good days have been few and far between for the worlds oldest AIDS organization. Facing an end-date of December 31 on its West 24th Street lease and an exorbitant rent increase if it chooses to stay there, the agency plans to move, in significantly downsized form, to a new facility on West 33rd Street, nine blocks north and, more significantly, three long avenues west of its current site. Relocating an agency the size of GMHC would surely be taxing in and of itself for a non-profit already struggling in an environment where the public and fiscally beleaguered government funders have too often lost their sense of urgency about the epidemic. But GMHC faces a more profound and immediate challenge responding to a storm of shock, criticism, and even rage about the plans it has made and the manner in which it has communicated them. The agencys foes range across a wide spectrum of interested parties. Chief among the critics are its Client Advisory Board (CAB); longtime activist Larry Kramer, who was among the co-founders of GMHC in 1982; and three leading institutional leaders in New Yorks AIDS community Dr. Roy M. Gulick, chief of the Division of Infectious Diseases at Weill Cornell Medical College, Tom Viola, executive director of Broadway Cares/Equity Fights AIDS, and Regina Quattrochi, executive director of Bailey House, an AIDS housing services agency. Dr. Lawrence D. Mass, with Kramer, one of the agencys six cofounders, struggled to be constructive in his response writing in an email to Gay City News (Chelsea Nows sister publication): A compromised and diminished GMHC is better than no GMHC. How did a lease renewal challenge turn into such a mess? According to Dr. Marjorie Hill, the chief executive officer at GMHC, the agency has been focused on its leasing problems dating back more than two years. With a year-end 2010 lease expiration, it recognized that its current rental cost which includes base rent, real estate taxes, and required facility upgrades would rise, beginning in 2011, from about $6 million to $8 million. On top of that, the agency saw at least $2 million in additional necessary upgrades beyond the normal annual hit for a new roof, repointing of the building, and a heating and air-conditioning overhaul.

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This was supposed to be the year for marriage equality and other progressive LGBT breakthroughs. In Washington, the nation witnessed the historic inauguration of the first AfricanAmerican president, a compelling, transformational leader who took office voicing the strongest pro-LGBT agenda in history. In Albany, after 40 years, the Democrats finally were back in control of the State Senate. There, they offered the promise of enacting three key pieces of legislation that the former Republican leadership had stood in the way ofmarriage equality, transgender rights and a school anti-bullying law with protections based on sexual and gender identity.
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Chelsea Now > Archives > News > GMHC Confronts Lease Crisis Clearly, in Hills view, new space was needed; she said that in two years time, the agency has looked at more than 40 potential sites. The challenges were formidable, she explained. Many landlords are not eager to have social service tenants. There is a real pushback against medical services, which involve the handling of medical waste, by Manhattans real estate market. Prospective landlords told her that leasing to an agency with a medical clinic that also does drug trials and with an HIV testing facility was not a good fit. Hill acknowledged that she and her team got the feeling that landlords were uncomfortable with a client base that was LGBT, often poor, and living with AIDS or HIV. She said one prospective lessor, upon hearing about GMHCs much-vaunted hot lunch program, said he does not rent to soup kitchens. In settling on the space on West 33rd Street, two floors in the Associated Press building just east of Tenth Avenue, Hill made what she characterized as a series of tough but necessary decisions. The medical clinic, which New York Presbyterian-Weill Cornell Medical Center has run as an AIDS patient care and clinical trial unit as a sub-lessee of and in cooperation with GMHC since 1997, would not be part of the new facility. She said that the agencys records indicate that only 200 of its 10,000 clients get their care there, a point disputed by Gulick. The medical clinic is not core to GMHCs mission, Hill said losing it was not a deterrent to choosing a new site. Similarly, the Geffen Center, out of which HIV testing and needle exchange programs are run, will not move with the agency, though Hill pledged to locate a satellite facility elsewhere in Chelsea to house that effort. The change that has perhaps triggered the most alarm among clients, however, is the decision to dispense with GMHCs hot meals program at least in its current form. Given the enormous cost of outfitting the space at the AP building for a full industrial kitchen, the agency announced that it would instead look at convection ovens to produce a menu of gourmet sandwiches, stews, and chili. In a May 13 interview with Gay City News, Hill made clear that a lunch program is core and that even in its new form, the offerings would meet all federal health nutrition guidelines. Still, when discussing the new approach, Hills explanation suggested a tone-deafness toward the critical significance the current hot meals program has in the lives of many GMHC clients. Weve had the same menu for 20 years, she said. Its time to try something new. Critics have been unwilling to buy the lemonade Hill is trying to make from what they clearly view as a lemon. As news of the agencys plans circulated publicly in the late winter and early spring, an outcry erupted. Kramer, though placated for a few days by a lunch meeting he had with Hill, has for the most part been a strident critic of the plan; in a widely circulated May 7 email, he charged that the board of GMHC is suddenly in bunker mentality and determined to sign the lease on a disastrously inappropriate new space. The following week, he told Gay City News that he became active on the issue in response to desperate appeals from client leaders at the CAB. They come to Daddy, he said. They know Daddy has a loud mouth. In a wide array of settings including a raucous May 13 CAB meeting in which clients angrily confronted Hill and a board leader; in a smaller, more sedate protest outside GMHCs current building the following week; and in a May 20 dialogue with the agencys full board the CAB has articulated a series of deal breakers it said must be rectified in the current plan. The lack of hot meals, an HIV testing facility, and a medical center were all identified. Clients are also angry that the agency proposed replacing the popular Friday evening dinner with a vaguely described plan for special events that night. There is also a furor over plans for GMHC to establish its own entrance to the AP building through one of the current loading docks. Hill explained that the agency wants to brand its entrance, and also noted the approach would expedite clients access by eliminating their need to go through security in the buildings main lobby. But Joseph Sellman, a client leader who, like Hill, is African-American, said the proposal reminded him of his experiences with Jim Crow practices growing up in the 1950s. Marcelo Maia, another CAB leader, said of the buildings owner, They dont want us walking through the lobby. They dont want a group of black, Latino, poor, and sick people walking through the lobby with all the professionals there. Bailey Houses Quattrochi is unsympathetic to the resistance by landlords to integrating an AIDS agency, with medical services, into a commercial building. Citing her own persistence in locating her agency in a new home in East Harlem, she warned that GMHCs capitulation to the obstinacy of landlords and its decision to build a separate entrance to its new building will set us all back 20 years and deepen stigma. Viola is also alarmed by what he sees of GMHCs plans. He told Gay City News that Broadway Cares would likely curtail its customary $25,000 annual contribution to the agency. Clients have voiced unhappiness as well with the siting of the new headquarters, nearly two full avenues west of Penn Station, the closest subway hub, and directly opposite a truck entrance to the Lincoln Tunnel. That area of Manhattan is slated to undergo massive redevelopment in the next several years as construction in the Hudson Yards area gets off the ground. I keep having images of sick people standing in the snow and rain on a freezing winter day waiting for that crosstown bus, Kramer wrote in his May 7 email. Maia complained that the Lincoln Tunnel traffic exhaust and the dirty air created by massive construction projects will pose health risks for people already living with compromised immune systems. The inconvenience of the location coupled with the slimmer offering of services, especially the meals program, Maia predicted, will mean that many GMHC clients will vote with their feet. Momentum [Project] and Harlem United are more convenient, he said. Weill Cornells Gulick is also concerned about the curtailing of critical services at GMHC. He said the clinic he founded in cooperation with the agency 13 years ago now serves more than 1,000 clients on a

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http://www.gaycitynews.com/articles/2010/06/10/news/doc4c111fc5a75d9870526137.txt[10/18/2010 3:21:14 AM]

Chelsea Now > Archives > News > GMHC Confronts Lease Crisis regular basis. Half of them, he said, are also clients of GMHC, an estimate roughly three times the one Hill gave. He said that during the clinics life, significant clinical trials have been carried out there, including some of the first and most important of the triple combination cocktail tests of the late 1990s. Gulick also emphasized the one-stop shopping value of the Weill Cornell clinics co-location with GMHC. Nutritionists who work for GMHC, for example, are housed in the medical clinic, and the clinic targets those who test positive at the Geffen Center for immediate medical intake. Gulick is clearly angry about what he sees as cavalier mistreatment by GMHC. We have been left out of all discussions, he told Gay City News. We were informed they are moving to a building where no clinical care is possible. It was the final word. We felt our contribution was undervalued. Hill and her board are scrambling to respond to the avalanche of criticism, even as the agency works to nail down its new real estate deal. GMHCs initial thought of moving the testing center to Brooklyn was scrapped in favor of establishing the Chelsea satellite, though Hill had no progress to report on finding a locale. She promised the CAB that a nutrition consultant would be brought in to make the most of the cooking infrastructure the new building will have. The agency is also revisiting the issue of cutting the regular Friday dinner. Hill emphasized that vans will be available for clients needing to commute across town to Penn Station or to other transit hubs. Those efforts along with her decision to give the CAB leaders a chance to meet with the whole board on May 20 have yielded some good will among her critics, but to a very limited degree. One recurrent theme among detractors has been the suspicion that GMHC is no longer an agency run by people living with AIDS. Maia said that he sensed during last weeks board meeting a greater appreciation among some members, whose HIV status he is unaware of, about what it means to live daily with the virus. Still, Maia and other CAB leaders and members remain disillusioned, upset, and pessimistic about the future of the agency. A protest planned for this week outside the proposed new site was canceled; Maia explained that he and his fellow client critics are unwilling to engage in civil disobedience. We dont have the money to be paying for lawyers, he explained. Kramer believes that the growing resignation among clients resulted from agency intimidation. Management and the board, he wrote, have succeeded in so terrifying the CAB board and clients that they are frightened to appear in public. Kramer said that one former CAB leader had been barred from GMHCs building for a year as the result of his activism. As of last week, Maia and other client leaders planned to take a tour of the new facility led by agency staff a sign that they continue to harbor some hope of making things work on West 33rd Street. But while he welcomed a meeting planned for June 2 in City Council Speaker Christine Quinns office, at which Hill, other agency leaders, and CAB members will be present, Maia added, I dont know if she can really mediate anything. If they want to move, they will move. Assistance from Quinn and other elected officials, he said, might best be applied to locating a site for the satellite testing and prevention center. As GMHCs lease negotiations neared completion, Kramer stuck to a militant posture, waging what he termed a phone zap effort aimed at Broadway Partners, the buildings owner who must approve the sublease widely believed to have already been signed with WNET, one of the AP buildings tenants. (Hill would not comment on the status of lease negotiations.) Kramer has circulated emails showing that the landlord is skittish in the face of the opposition being mounted. GMHC has, in turn, contacted State Senator Thomas K. Duane, forwarding what one board member termed a threatening message that Larry Kramer left for the landlord at 560 West 33rd Street. Duanes office responded that the matter should be addressed to the police department. How and whether this drama will find any satisfactory conclusion remains unclear. Kramer is hopeful of keeping up the pressure, but said he cannot do so unless the CAB is willing to engage in further demonstrations, possibly involving getting arrested, something client leaders seem to have ruled out. As recently as May 25, the fiery old activist remained proud and resolute in his resistance. Is Larry Going to Get Arrested? read the header of an email that day from Kramer. Larry Hopes So. Now, he is waiting for the next opportunity to brainstorm with his client allies. This entire situation, he explained on May 27, is ineffably sad.

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Chelsea Now > Archives > News > GMHC Confronts Lease Crisis

tenant association and a voice for Chelseas lowerincome residents for more than three decades, died on July 9 after an extended stay at St. Vincents Hospital. He was 74.

sacrificed for public good Abandoned 7th Ave. building bane of neighbors block 'Tearing down the wall' along Chelsea's waterfront High Line puts brakes on improvement district plan Commercial rent regulation bill stuck in limbo

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Exhibit H

Chelsea Flatiron Coalition

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The Chelsea Flatiron Coalition, a large and growing team of local residents and business owners, is an organization committed to coordinating a community response to and educating the public about the Bowery Residents' Committee's ("BRC") proposal to operate a 328 bed psychiatric treatment and substance abuse detoxification facility at 127 West 25th Street. The purpose of this website is: i) to inform all concerned parties on the known status of the approvals that BRC has or has not obtained, as the case may be, to date; ii) to advise the public on what steps are being taken; and iii) to advise the various constituencies and individuals that make up our community as to what they can do to further support our efforts. Note: The Chelsea Business & Property Owners' Association, LLC is the legal, administrative entity formed to work on behalf of the Chelsea Flatiron Coalition. Ruling Against City In Similar Case Chelsea Flatiron Coalition Sues City of New York and BRC Quinn 8/13/10 Email & 8/6/10 Letter Chelsea Now Editorial - 7/30/10 NY Post - 7/26/10 Chelsea Flatiron Statement Read At 7/21/10 CB4 Meeting

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If you would like to receive future updates from the Chelsea Flatiron Coalition regarding BRC's proposed shelter at 127 West 25th Street please complete ths contact form. Please include your name, email address and physical address, including apartment or suite number.

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Please click here to read why donations are important.

Please contact us if you can volunteer time and/or have special skills you think can benefit our cause.

http://www.chelseaflatironcoalition.org/index.php[10/18/2010 2:39:58 AM]

Chelsea Flatiron Coalition


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http://www.chelseaflatironcoalition.org/index.php[10/18/2010 2:39:58 AM]

Exhibit I

The New York Times > Arts > Music > Home of Punk-Rock Battles for It...

http://www.nytimes.com/2005/03/07/arts/music/07cbgb.html?ref=cbgb&...

March 7, 2005

Home of Punk-Rock Battles for Its Home


By BEN SISARIO

Editors' Note Appended For more than 30 years, CBGB, the eternally crumbling downtown nightclub, has with ragged pride withstood every hand the neighborhood and the music scene have dealt it: punk-rock, death metal, crack addicts, city inspectors and bad plumbing. But it may have met its match in one of the city's most respected charity group. In a scrappy Bowery real-estate battle, CBGB has been in and out of court for much of the last four years with its landlord, the Bowery Residents' Committee, a nonprofit organization that helps the homeless. The dispute concerns enough unpaid rent to finance dozens of punk bands as well as numerous building violations that leave a paper trail as thick as the layers of fliers stapled to the club's walls. In an arrangement known to few of the club's patrons, CBGB subleases its spaces at 313 and 315 Bowery from the organization, which shelters 175 homeless people in the floors above the club. In 2001, the organization began efforts to collect more than $300,000 in back rent from the club. Although much of that has now been paid, the club faces eviction over remaining debts of about $75,000, both parties say. Both organizations have dug in their heels and claim a moral right to the property. "We're an institution," said Hilly Kristal, the grandfatherly 73-year-old who started CBGB - with plans to stage "country, bluegrass and blues," not punk - in late 1973. "I think we're an important part of this community. The city uses us in their Olympics ad, along with the Statue of Liberty." In the opposite corner is Muzzy Rosenblatt, the executive director of the Bowery Residents' Committee, who resents diverting the organization's money to legal expenses to get what he says is due from an uncooperative tenant. "I am not going to subsidize CBGB at the expense of homeless people," Mr. Rosenblatt said. The organization took a 45-year lease on the building in 1993, and subleased CBGB its spaces - the main club is at 315 Bowery, and its quieter Gallery and basement space are next door - for 12 years. That sublease expires in August, and Mr. Kristal said the organization offered to renew it, but would double the club's rent, to $40,000 a month, or about $55 per square foot. That would bring the space in line with the highest rate paid for new property on the white-hot Bowery real-estate market. Mr. Rosenblatt declined to comment on the terms of the lease renewal. "I'm trying to get him to comply with the old lease," he said. According to court documents from 2001, CBGB owed the Bowery Residents' Committee more than $300,000 in back rent and agreed to a monthly payment plan for its debt and all new rent charges. A stipulation in the agreement states that if the club did not make its payments on time, it could be evicted immediately. CBGB has been paying back its debt dutifully, both sides say. But when the organization discovered that the club was not paying the annual rent increases scheduled in its lease, it gave the club notice to pay within seven days, as required by law, but the club has challenged the debt in court. A hearing is scheduled for later this month. The case pits two of the most recognizable downtown institutions against each other in a battle for space that few considered very valuable until recently. The Bowery Residents' Committee has vans that trawl the city offering help to the homeless, and operates 18 rehabilitation centers and shelters. CBGB is the organization's only commercial tenant, Mr. Rosenblatt said. In the 1970's, CBGB was the dank incubator for much of the punk and art-rock that came out of New York, with concerts by the Ramones, Patti Smith, Television, Blondie and the Talking Heads, among others. It has continued to present bands of every stripe - mostly of the loud stripe, though - and is one of the few rock clubs known by name throughout the world. CBGB Fashions, a company Mr. Kristal set up to sell T-shirts and other merchandise, grosses about $2 million a year, he said. "Millions and millions of musicians in this world think of CBGB as a home base," Mr. Kristal said proudly. But real-estate experts and people close to the situation say both sides have flawed cases, and that a judge's decision in the latest hearing will be difficult to predict. Jerry H. Goldfeder, a lawyer who specializes in elections and landlord-tenant disputes, said the two groups' fame would be unlikely to sway a judge in either side's favor. "Presumably, a judge would make the same legal determination," Mr. Goldfeder said, "whether it's CB's or a doctor's office or a bodega." Editors' Note: March 10, 2005, Thursday: An article in The Arts on Monday reported on a dispute between the CBGB nightclub in the East Village and its landlord, the Bowery Residents' Committee. The article should have disclosed - but the writer did not know - that Julie Salamon, an arts reporter for The Times, is chairwoman of the committee, a nonprofit group that helps the homeless. | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top

Copyright 2005 The New York Times Company

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Exhibit J

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------x In the Matter of the Application of : : CHELSEA BUSINESS & PROPERTY OWNERS' : ASSOCIATION, LLC, d/b/a CHELSEA : FLATIRON COALITION, : : Petitioner, : : For an Order Pursuant to Article 78 of the Civil : Practice Law and Rules : : - against : : THE CITY OF NEW YORK; SETH DIAMOND, : Commissioner for the Department of Homeless : Services for the City of New York ("DHS"); : GEORGE NASHAK, Deputy Commissioner for Adult Services for DHS; ROBERT D. LIMANDRI, : : Commissioner for the Department of Buildings of : the City of New York ("DOB"); FATMA AMER, P.E., First Deputy Commissioner for DOB; JAMES : : P. COLGATE, R.A., Assistant Commissioner to Technical Affairs and Code Development for DOB; : VITO MUSTACIUOLO, Deputy Commissioner for : : the Department of Housing, Preservation & Development of the City of New York; BOWERY : : RESIDENTS' COMMITTEE, INC.; 127 WEST : 25th LLC; and DANIEL SHAVOLIAN, : : Respondents. : -------------------------------------x

Index No. 113194/10 Part 11 Justice Madden ORDER TO SHOW CAUSE

Upon reading and filing the annexed Affirmation of Randy M. Mastro (and the exhibits thereto), and Respondent Bowery Residents' Committee, Inc.'s ("BRC") Memorandum of Law in Support of Its Application by Order to Show Cause to Stay Proceedings, it is hereby, ORDERED that Petitioner Chelsea Business & Property Owners' Association, LLC, d/b/a Chelsea Flatiron Coalition ("CFC") show cause before this Court, at Part 11, of the Supreme Court of the State of New York, County of New York, located at the New York County

Courthouse, 60 Centre Street, New York, New York, 10007, on the _____ day of October, 2010, at ____ o'clock __.m., why an order should not be issued, pursuant to CPLR 2201: 1. Staying Petitioner's Application for Preliminary and Permanent Injunctive

Relief pursuant to N.Y. C.P.L.R. 6311 and 6312, submitted October 7, 2010, pending the Board of Standards and Appeals' ("BSA") determination of Petitioner's October 8, 2010 appeal to the BSA; 2. Staying Petitioner's Article 78 proceeding, filed October 7, 2010,

challenging, among other things, the Department of Buildings of the City of New York's approval of plans and issuance of permits pending the BSA's consideration of Petitioner's October 8, 2010 appeal to the BSA; 3. Staying the schedule contained in the Order To Show Cause With

Preliminary Injunction issued by the Court on October 8, 2010, pending the BSA's decision on Petitioner's October 8, 2010 appeal to the BSA; and 4. Granting such other and further relief as the Court deems just and proper;

and it is further ORDERED that the schedule contained in the Order To Show Cause With Preliminary Injunction issued by the Court on October 8, 2010, is adjourned until further order of this Court, pending this Court's decision on Respondent BRC's Application by Order to Show Cause to Stay Proceedings; ORDERED that BRC shall serve by electronic mail and overnight mail a copy of this Order and the papers upon which it is based on counsel of record for Petitioner, as well as counsels of record for 127 West 25th LLC, Daniel Shavolian, and the City of New York; Seth Diamond; George Nashak; Robert D. LiMandri; Fatma Amer, P.E.; James P. Colgate, R.A.; and

Vito Mustaciuolo (collectively, "City Respondents"); on or before the ____ day of ___________, 2010, at ____ o'clock __.m.; and it is further ORDERED that Petitioner shall serve any answering and responsive papers to the Affirmation of Randy M. Mastro (and the exhibits thereto) and BRC's Memorandum of Law by electronic mail and overnight mail on Randy M. Mastro, Esq., of the law firm Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, New York, 10166-0193, counsel for BRC, and counsels of record for 127 West 25th LLC, Daniel Shavolian, and City Respondents, on or before the ____ day of ____________, 2010, at ____ o'clock _.m.; and it is further ORDERED that BRC shall serve any reply papers by electronic mail and overnight mail, on counsel of record for Petitioner, as well as counsels of record for 127 West 25th LLC, Daniel Shavolian, and City Respondents, on or before the ____ day of ____________, 2010, at ____ o'clock __.m.; and it is further ORDERED that oral argument is directed on BRC's Application to Stay on the ____ day of _____________, 2010 at ____:00 o'clock __.m., or as soon thereafter as counsel may be heard. ENTER:

_____________________________ J.S.C.

Exhibit K

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