Coach 2013 Annual Report Download - page 925

Exhibit N-1
Form of Certificate of Substantial Completion (Developer)
DEVELOPER’S CERTIFICATE OF SUBSTANTIAL COMPLETION
Project: South Office Tower - Hudson Yards
Developer: ERY Developer LLC
Date: [____________, 20__]
Reference is made to that certain Development Agreement, dated as of dated as of April ___, 2013, by and between ERY Developer LLC, a Delware
limited liabity company (“Developer”), and Coach Legacy Yards LLC, a Delware limited liabity company (the “Coach Member”), with respect to the
development and construction by Developer of the building commonly referred to as the South Office Tower and other improvements (collectively, the
“Building”) on the property located at the northwest corner of West 30th Street and 10th Avenue and known as Parcel C of the Eastern Rail Yard Section of
John D. Caemmerer West Side Yard (the “Project”). Capitalized terms not defined herein shall have the meanings ascribed to them in the Development
Agreement.
Developer hereby certifies to the Coach Member that, subject to the completion of the Punch List Work, the following conditions of Substantial
Completion have been fully satisfied and completed as of the date of this Certificate:
1. All Developer Work (other than any Base Building Lighting that is not otherwise part of the Developer TCO Work) is substantially
completed in accordance with the Plans, this Agreement and applicable Laws;
2. Without limiting clause 1 above, the Coach Exclusive Systems and the Coach Shared Building Systems and Areas have been completed, in
accordance with the Plans, the Development Agreement and applicable Laws to the extent required so that regular and permanent ( i.e., not temporary) service is
available, and all such systems have been tested (but not commissioned or signed-off), and are operational, except to the extent that completion and testing is
dependent on performance of Coach Finish Work;
3. The exterior envelope and curtain wall of the Building and the Coach Atrium (including the Coach Atrium wall, envelope and enclosures to
the Coach Atrium) are complete and the Building is fully and permanently enclosed in a water and weather-tight manner and as shown on the Plans;
4. Except as provided in Section 13.03 of the Development Agreement (and subject to the terms and conditions thereof), any hoists or tower
cranes affixed to or penetrating the Coach Areas (or the façade surrounding the same) and any brackets relating to any such hoists or tower cranes shall have
been removed, and any penetrations through the core of the Coach Areas (or the façade surrounding the same) resulting from any hoist or tower crane shall
have been patched;
Exhibit N-1 – Page 1