Coach 2013 Annual Report Download - page 224

(xvii) “Tower D Loading Dock” means the loading dock now or hereafter constructed adjacent to the Loading Dock Unit and comprising
part of Parcel D.
(xviii) “Underlying Agreements” means collectively, the Master Declaration, the ERY FAPOA Declaration and the UTEP.
(xix) “UTEP” means the Third Amended and Restated Uniform Tax Exemption Policy of the New York City Industrial Development
Agency as approved on August 3, 2010 by the Board of Directors of the New York City Industrial Development Agency, as further
amended, modified or supplemented from time to time by the Board of Directors of the New York City Industrial Development Agency.
(xx) “Zoning Resolution” means the Zoning Resolution of the City of New York, effective December 15, 1961, as amended or restated
from time to time.
(b) The Board of Managers shall have sole authority to act as Owner (as such term is defined in the Master Declaration), party-in-interest and
beneficiary for all purposes under the Master Declaration with respect to the Property, and the Unit Owner of any Unit, the holder of any lien encumbering any
Unit, and the holder of any other occupancy or other interest in a Unit shall not be deemed to be an Owner, party-in-interest, or third party beneficiary under
the Master Declaration, but Unit Owners shall have liability to the extent set forth in Article 13 of the ERY FAPOA Declaration and Section 3.4 of the Master
Declaration.
(c) Subject to the provisions of the Underlying Agreements and the Condominium Documents:
(i) The Parking Unit may be used only for garage and public parking purposes and related uses, and provided that the Parking Unit
contains parking spaces for no fewer than 125 automobiles, for any other lawful non-hazardous use. There is no requirement that any
portions of the Parking Unit be operated at any time as an automobile parking facility open to the public, but will be operated (subject to
force majeure) to provide parking spaces for no fewer than 125 automobiles.
(ii) The Retail Unit may be used only for retail purposes (which shall include, without limitation, public event, restaurant, banking,
entertainment, telecommunications, performing arts and utility purposes) and other lawful accessory uses thereto consistent with first-class
retail space in first-class mixed-use office buildings in Manhattan comparable to the Building.
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