+ All Categories
Home > Documents > F USPS Tracking No. : 71791000164816907641 140 West Street, Room 1105 New York, NY 10007 Phone:...

F USPS Tracking No. : 71791000164816907641 140 West Street, Room 1105 New York, NY 10007 Phone:...

Date post: 26-May-2018
Category:
Upload: vuongduong
View: 214 times
Download: 0 times
Share this document with a friend
221
EXHIBIT 2
Transcript

EXHIBIT 2

Property No. 8099943-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907641

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8099943-1 Pietro Ruggiero Property Services, LLC 104 S Central Avenue Valley Stream, NY 11580-5427 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1730 Montgomery Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1730 Montgomery Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907641

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907641

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1730 Montgomery Av, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907641

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100044-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259480

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100044-1 Sonia Iglesias 2432 Grand Concourse Bronx, NY 10458-5204 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 2050 Anthony Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 2050 Anthony Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259480

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259480

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 2050 Anthony Av, Bronx NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259480

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100110-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907658

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100110-1 Clayton Johnson Prestige Management, Inc. 1200 Zerega Ave. Bronx, NY 10462-5415 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1200 Dr M L King Jr Blvd, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1200 Dr M L King Jr Blvd, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907658

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907658

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1200 Dr M L King Jr Blvd, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907658

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100150-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126393

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100150-1 Alberico Reyes Urban Management LLC 161 Suffolk Street New York, NY 10002-1622 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 152 E 171, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 152 E 171, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126393

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126393

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 152 E 171, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126393

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100233-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907672

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100233-1 Penny Wisneski Reliant Realty Services, Inc. 885 Second Avenue, 31st Floor New York, NY 10017-2210 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 202 Brown Pl, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 202 Brown Pl, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907672

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907672

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 202 Brown Pl, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907672

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100264-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907689

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100264-1 Michael Desler Paradise Management, LLC 329 Hewes Street , Flr. 2 Brooklyn, NY 11211-7418 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1234 Shakespeare Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1234 Shakespeare Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907689

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907689

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1234 Shakespeare Av, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907689

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100268-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907696

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100268-1 Leonard Pitts The 250 East 178th Street HDFC 250 East 178th Street, #6E/F Bronx, NY 10457-4059 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 250 E 178, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 250 E 178, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907696

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907696

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 250 E 178, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907696

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100486-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907702

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100486-1 Moshe Halberstan Diamond Management, Inc. 1285 52nd Street Brooklyn, NY 11219-3858 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1001 Woodycrest Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1001 Woodycrest Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907702

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907702

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1001 Woodycrest Av, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907702

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100552-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259497

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100552-1 Keith Bender Blakk Property Mgmt. 1662 Grand Ave Bronx, NY 10453-7732 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1662 Grand Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1662 Grand Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259497

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259497

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1662 Grand Av, Bronx NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259497

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100717-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126409

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100717-1 Michael Martino Martino Real Estate LLC LLC 230 E 179 Street, Apt 1E Bronx, NY 10457-3930 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 227 East 179, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 227 East 179, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126409

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126409

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 227 East 179, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126409

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100789-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907719

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100789-1 Dora Genao Annal Management Co., Ltd. 1325 Castle Hil Avenue, #2 Bronx, NY 10462-4806 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 80 Mc Clellan, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 80 Mc Clellan, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907719

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907719

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 80 Mc Clellan, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907719

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8100955-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907733

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100955-1 Greg Ramirez Sebco Housing Dev Co. 3152 Albany Crescent Bronx, NY 10463-5601 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 858 Southern Blvd, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 858 Southern Blvd, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907733

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907733

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 858 Southern Blvd, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907733

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8101010-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259503

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8101010-1 Ismene Speliotis Mhany Management Inc 2-4 Nevins Street , Flr. 2 Brooklyn, NY 11217-1010 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 739 Coster, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 739 Coster, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259503

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259503

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 739 Coster, Bronx NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259503

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8101131-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907740

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8101131-1 Judy Cordero Wavecrest Mgmt Team 87-14 116th Street Richmond Hill, NY 11418-2426 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1904 Vyse Avenue, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1904 Vyse Avenue, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907740

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907740

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1904 Vyse Avenue, Bronx NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907740

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8101137-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126416

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8101137-1 Sofia Velazquez 1968 Marmion Avenue HDFC 1968 Marmion Avenue, 1B Bronx, NY 10460-6129 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 851 E Tremont Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 851 E Tremont Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126416

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126416

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 851 E Tremont Av, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126416

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8101144-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126423

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8101144-1 Javier Del Hoyo Del HOYO Realty Co Inc. 2064 Vyse Ave. Bronx, NY 10460-2138 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 2064 Vyse Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 2064 Vyse Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126423

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126423

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 2064 Vyse Av, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126423

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8101710-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126430

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8101710-1 Walter Czolacz Five Star Management 60 W 75th St New York, NY 10023-2016 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 2835 Webb Av, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 2835 Webb Av, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126430

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126430

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 2835 Webb Av, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126430

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8185677-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259510

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8185677-1 Linda Feldman 415 Argyle Road Corp. 26 Court Street, Suite #804 Brooklyn, NY 11242-1108 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 415 Argyle Rd, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 415 Argyle Rd, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259510

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259510

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 415 Argyle Rd, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259510

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8197157-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259527

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8197157-1 Alfredo Pantane AJ & J Brighton Realty Associates LLC 2804 Woods Avenue Oceanside, NY 11572-2135 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 3010 Brighton 12, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 3010 Brighton 12, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259527

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259527

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 3010 Brighton 12, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259527

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8226335-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126454

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8226335-1 Miguel Rivera Liberty Place Property Management 1841 Broadway, Suite 400 New York, NY 10023-7690 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 88 E 111, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 88 E 111, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126454

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126454

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 88 E 111, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126454

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8229389-1

������������� �

� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � � � � � � � � � � � � � �� � � � � � ! " � � � # � � $ % � �& ' ( ) * + , - . - / 0 12 3 4 5 6 7 8 3 9 3 6 : ; 4 3 < = 7 6 8 > 7 ? 7 6 5 6 3 @ 8 7 6 A > 6 B 8 6 : 4 ? : 9 3 7 B 8 5 < 4 B B ; 4 3 <C , ) D + , ( E F G H I - - J K I J L 0M N O + P Q , , Q R0 1 1 I S O , T ( U U V1 1 I M Q T ( P W ) , + X ) Q YZ O [ \ T C ) O [ ( . ] ^ 0 0 / - 1 L 0 _ 1 /X M H ] ) ( O ' + ) R F [ ( + [ ( O ) [ ( ) F [ T ( Q N N ` a D \ , Q Y + V Q * N + b + N + c O T O ) [ S Q ' O N O ( O + T Q [ Y P + , c O ' + L F [ T D + ' ( O ) [ Q [ Y P d , c + E Q ( H0 1 1 I 0 e c . ] + f ^ ) , g ] ^G + Q , C , ) D + , ( E & f [ + , ` h Q [ Q \ + , HF W Q c + * + + [ Q Y c O T + Y * E i + , O j ) [ ] + f ^ ) , g F [ ' k l T m n i + , O j ) [ o p ] ^ V S O & P X + Q N M T ( Q ( + G + D Q , ( q + [ ( ) R ( W + Y O R R O ' d N ( Ei + , O j ) [ W Q T + [ ' ) d [ ( + , + Y O [ Q ( ( + q D ( O [ \ ( ) O [ T ( Q N N Q [ Y ` ) , Q ( ( Q ' W O ( T S O & P R Q ' O N O ( O + T Q ( r s s t r 4 u v ? w x y z { | ? ym n C , ) D + , ( E o p k & d , , + ' ) , Y T O [ Y O ' Q ( + ( W Q ( E ) d W Q c + [ ) ( , + T D ) [ Y + Y ( ) ) d , D , + c O ) d T ' ) , , + T D ) [ Y + [ ' + . ( W Q ( E ) d W Q c +' ) [ Y O ( O ) [ + Y i + , O j ) [ l T Q ' ' + T T ) [ d [ , + Q T ) [ Q * N + ( + , q T Q [ Y ' ) [ Y O ( O ) [ T ) , ( W Q ( E ) d W Q c + Y + [ O + Y i + , O j ) [ Q ' ' + T T ( )( W + C , ) D + , ( E k b W + D d , D ) T + ) R ( W O T N + ( ( + , O T ( ) , + T ( Q ( + ) d , [ + + Y ( ) \ Q O [ Q ' ' + T T ( ) E ) d , C , ) D + , ( E k} E f Q E ) R * Q ' g \ , ) d [ Y . i + , O j ) [ O T Q ( ( + q D ( O [ \ ( ) \ Q O [ Q ' ' + T T ( ) E ) d , * d O N Y O [ \ * + ' Q d T + f + W Q c + , + ' + O c + Y Q, + ~ d + T ( R ) , S O & P T + , c O ' + m T p R , ) q Q ( + [ Q [ ( m T p O [ E ) d , * d O N Y O [ \ Q [ Y ` ) , Q , + T O Y + [ ( m T p ) [ E ) d , * N ) ' g . Q [ Y ) d , Q ' ' + T T( ) E ) d , C , ) D + , ( E O T [ + ' + T T Q , E ( ) D , ) c O Y + ' Q * N + ( + N + c O T O ) [ T + , c O ' + T ( ) ( W ) T + ( + [ Q [ ( T Q [ Y ` ) , , + T O Y + [ ( T k � + Q , +c + , E + � ' O ( + Y Q * ) d ( ( W + ) D D ) , ( d [ O ( E ( ) D , ) c O Y + f ) , N Y L ' N Q T T c ) O ' + . Y Q ( Q Q [ Y c O Y + ) T + , c O ' + T ( ) E ) d Q [ Y ( W + Q , + Q, + T O Y + [ ( T d T O [ \ Q R O * + , * Q T + Y [ + ( f ) , g ( ) Y + N O c + , ( W + T + T + , c O ' + T Q ( d [ D , + ' + Y + [ ( + Y T D + + Y T Q [ Y ' Q D Q ' O ( O + T k ^ ) d ,' ) ) D + , Q ( O ) [ O [ Q N N ) f O [ \ i + , O j ) [ Q ' ' + T T ( ) E ) d , C , ) D + , ( E f O N N + [ Q * N + E ) d , ( + [ Q [ ( T Q [ Y ` ) , ) ( W + , , + T O Y + [ ( T ) [ E ) d ,* N ) ' g ( ) , + ' + O c + ( W + T + , c O ' + T ( W + E f Q [ ( O [ Q ( O q + N E q Q [ [ + , k� ) f + c + , . O [ ( W + + c + [ ( ( W Q ( E ) d Y ) [ ) ( ' ) ) D + , Q ( + O [ D , ) c O Y O [ \ i + , O j ) [ Q ' ' + T T . E ) d T W ) d N Y g [ ) f ( W Q ( d [ Y + ,P + ' ( O ) [ - - I ) R ( W + ] + f ^ ) , g C d * N O ' P + , c O ' + U Q f Q [ Y C Q , ( I J I . b O ( N + 0 � ) R ( W + ] + f ^ ) , g V ) Y + T . X d N + T Q [ YX + \ d N Q ( O ) [ T m n ] ^ V X X o p . i + , O j ) [ W Q T ( W + , O \ W ( ( ) O [ T ( Q N N ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T d D ) [ ( W + C , ) D + , ( E k U ) , + ( ( ) c kb + N + D , ) q D ( + , h Q [ W Q ( ( Q [ V e b i V ) , D k . _ K ] k ^ k - Y 0 - 1 m 0 J I 0 p k P + ' ( O ) [ - - I ) R ( W + ] + f ^ ) , g C d * N O ' P + , c O ' +U Q f T ( Q ( + T ( W Q ( n � [ � ) N Q [ Y N ) , Y T W Q N N O [ ( + , R + , + f O ( W ( W + O [ T ( Q N N Q ( O ) [ ) R ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T d D ) [ W O T D , ) D + , ( E ) ,D , + q O T + T � k o F [ Q Y Y O ( O ) [ . i + , O j ) [ l T V Q * N + S , Q [ ' W O T + e \ , + + q + [ ( f O ( W ( W + V O ( E ) R ] + f ^ ) , g , + ~ d O , + T i + , O j ) [ ( )D , ) c O Y + ' Q * N + ( + N + c O T O ) [ T + , c O ' + ( ) , + T O Y + [ ( T O [ O ( T R , Q [ ' W O T + Q , + Q f W ) , + ~ d + T ( O ( . Q [ Y i + , O j ) [ W Q T Q N O q O ( + Y( O q + R , Q q + O [ f W O ' W ( ) Y ) T ) k i + , O j ) [ l T ' ) q D N O Q [ ' + f O ( W ( W + T + R , Q [ ' W O T + , + ~ d O , + q + [ ( T q Q E * + ' ) q D , ) q O T + Y * E( W + Y + N Q E f + Q , + + � D + , O + [ ' O [ \ O [ ( , E O [ \ ( ) \ Q O [ Q ' ' + T T ( ) Q [ Y O [ T ( Q N N ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T Q ( E ) d , C , ) D + , ( E k

� � � � � � � � � � � � � �� � � � � � � � � � ����� ��������� ��������� � ��� ���� ����

USPS Tracking No. 71791000164815763385

������������� �

i + , O j ) [ l T D , ) D ) T + Y O [ T ( Q N N Q ( O ) [ f O N N D , ) ( + ' ( ( W + T Q R + ( E . R d [ ' ( O ) [ O [ \ Q [ Y Q D D + Q , Q [ ' + ) R ( W + D , + q O T + T . Q [ Y i + , O j ) [f O N N * + Q , ( W + ' ) T ( ) R ( W + O [ T ( Q N N Q ( O ) [ ) R O ( T ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T k i + , O j ) [ f O N N Q N T ) O [ Y + q [ O R E ( W + N Q [ Y N ) , Y R ) ,Y Q q Q \ + ' Q d T + Y * E ( W + O [ T ( Q N N Q ( O ) [ ) R i + , O j ) [ l T R Q ' O N O ( O + T k i + , O j ) [ l T D ) N O ' E O T ( ) f ) , g f O ( W E ) d ( ) Q , , Q [ \ +' ) [ c + [ O + [ ( Y Q ( + T R ) , Q ' ' + T T Q [ Y ( ) , + Q ' W Q \ , + + q + [ ( ) [ + [ \ O [ + + , O [ \ D N Q [ T ` Y + T O \ [ T R ) , ( W + C , ) D + , ( E � @ � w � � w� z � � � � � 2 w { � � z �   � ? y 5 9 � ¡ B 7 w � � 6 � � � � w : w ¢ � { � £ w � � � � ¤ t t t ¥ ¦ § s ¨ ¦ s § © x � � ª � � � x z x w w | � z « { w � w � ¢ � z «� ª � � � w � � w { � z � ª � � x w £ � ¬ £ z u w « z { x � { ­ x � � ª � ª w ¢ { z � w � � z « ® { � � ¯ � � ¯ 9 � ¡ B � z ¬ z ° { @ { z ¢ w { � ¬ � � ­ ± z {z � ª w { ¢ { z ¢ w { � � w � z � ¬ z ° { ® � z � | �F R E ) d * + N O + c + ( W Q ( i + , O j ) [ l T O [ T ( Q N N Q ( O ) [ ) R ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T ' ) [ T ( O ( d ( + T Q [ d [ Y d + n ( Q g O [ \ o ) R E ) d ,C , ) D + , ( E . E ) d q Q E R O N + Q D + ( O ( O ) [ R ) , n ² d T ( ' ) q D + [ T Q ( O ) [ o f O ( W ( W + ] + f ^ ) , g P ( Q ( + C d * N O ' P + , c O ' + V ) q q O T T O ) [d [ Y + , ( W + D , ) ' + Y d , + T T + ( R ) , ( W O [ P + ' ( O ) [ - - I ) R ( W + ] + f ^ ) , g C d * N O ' P + , c O ' + U Q f Q [ Y C Q , ( I J I . b O ( N + 0 � ) R ( W +] ^ V X X k C N + Q T + [ ) ( + . W ) f + c + , . ( W Q ( ( W + R O N O [ \ ) R T d ' W Q D + ( O ( O ) [ Y ) + T [ ) ( Y + N Q E i + , O j ) [ l T , O \ W ( ( ) Q ' ' + T T E ) d ,C , ) D + , ( E k b W + ' ) q D N + ( + ( + � ( ) R P + ' ( O ) [ - - I q Q E * + R ) d [ Y ) [ ( W + + [ ' N ) T + Y ' ) D E ) R ( W + [ ) ( O ' + ) R i + , O j ) [ l TO [ ( + [ ( O ) [ ( ) T d , c + E ` O [ T ( Q N N ` d D \ , Q Y + ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T Q [ Y T + , c O ' + kF R f + Y ) [ ) ( W + Q , R , ) q E ) d f O ( W O [ ( f ) f + + g T Q T q + [ ( O ) [ + Y Q * ) c + . i + , O j ) [ l T U + \ Q N G + D Q , ( q + [ ( q Q E * + R ) , ' + Y( ) R O N + Q C + ( O ( O ) [ R ) , & , Y + , ) R M [ ( , E ( ) ( W + ] + f ^ ) , g P ( Q ( + C d * N O ' P + , c O ' + V ) q q O T T O ) [ . Q R ( + , f W O ' W E ) d f O N N * +Q R R ) , Y + Y . D + , 0 � ] ^ V X X I J I k 1 m * p m J p . ( f + [ ( E Y Q E T ( ) Q [ T f + , ( W + C + ( O ( O ) [ Q [ Y T + ( R ) , ( W Q [ E Q Y Y O ( O ) [ Q N q Q ( ( + , [ ) (' ) [ ( Q O [ + Y O [ ( W + C + ( O ( O ) [ k b W + C + ( O ( O ) [ f O N N T + + g Q [ ) , Y + , \ , Q [ ( O [ \ i + , O j ) [ ( W + , O \ W ( ( ) T d , c + E R ) , Q [ Y ` ) ,O [ T ( Q N N ` d D \ , Q Y + ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T Q [ Y T + , c O ' + Q ( E ) d , C , ) D + , ( E k F R E ) d W Q c + T D + ' O R O ' N + \ Q N ~ d + T ( O ) [ TQ * ) d ( i + , O j ) [ l T , O \ W ( T d [ Y + , ] + f ^ ) , g N Q f ) , i + , O j ) [ l T V Q * N + S , Q [ ' W O T + e \ , + + q + [ ( . f + , + ' ) q q + [ Y ( W Q ( E ) d+ [ \ Q \ + Q [ Q ( ( ) , [ + E k ^ ) d q Q E Q N T ) ' ) [ ( Q ' ( h O ' W Q + N h ) , Q [ ) . e T T O T ( Q [ ( ³ + [ + , Q N V ) d [ T + N R ) , i + , O j ) [ l T ] Q ( O ) [ Q N& D + , Q ( O ) [ T . Q ( m J / I p _ _ J L K K K - ( ) Y O T ' d T T N + \ Q N O T T d + T ) , ~ d + T ( O ) [ T . * d ( D N + Q T + * + Q Y c O T + Y ( W Q ( W + , + D , + T + [ ( Ti + , O j ) [ Q [ Y ' Q [ [ ) ( D , ) c O Y + E ) d f O ( W N + \ Q N Q Y c O ' + k^ ) d , ' ) ) D + , Q ( O ) [ O [ ( W O T q Q ( ( + , f ) d N Y * + \ , + Q ( N E Q D D , + ' O Q ( + Y k � + N ) ) g R ) , f Q , Y ( ) W + Q , O [ \ R , ) q E ) d kP O [ ' + , + N E .e N E T ) [ h k P + O \ Q Nh Q [ Q \ + , . S O & P S , Q [ ' W O T + e T T d , Q [ ' + ´ ] + f ^ ) , g V O ( E

USPS Tracking No. 71791000164815763385

������� �

C a X P a e ] b ( ) C d * N O ' P + , c O ' + U Q f µ - - I . Q [ Y 0 � ] ^ V X X C Q , ( I J I . i + , O j ) [ ] + f ^ ) , g F [ ' k W Q T ( W + , O \ W (( ) + [ ( + , Q [ Y O [ T D + ' ( E ) d , D , ) D + , ( E O [ ) , Y + , ( ) D , + D Q , + Y , Q f O [ \ T . D N Q [ T Q [ Y Y + T O \ [ T O [ D , + D Q , Q ( O ) [ R ) , ( W +O [ T ( Q N N Q ( O ) [ ` d D \ , Q Y + ) R ' Q * N + ( + N + c O T O ) [ R Q ' O N O ( O + T Q [ Y T + , c O ' + d D ) [ E ) d , D , ) D + , ( E N ) ' Q ( + Y Q ( 0 1 1 I 0 e c . ] + f ^ ) , g] ^ k b W + O [ T D + ' ( O ) [ f O N N * + D + , R ) , q + Y ) [ ) , Q * ) d ( ] ) c + q * + , K . - / 0 1 k F [ ( W + + c + [ ( ) R Q [ E Y Q q Q \ + ( ) E ) d ,D , ) D + , ( E . i + , O j ) [ ] + f ^ ) , g F [ ' k f O N N * + , + T D ) [ T O * N + k e R ( + , W Q c O [ \ D , + D Q , + Y ( W + D N Q [ T Q [ Y Y + T O \ [ T . i + , O j ) [] + f ^ ) , g F [ ' k f O N N q Q g + D N Q [ T R ) , ( W + R Q ' O N O ( O + T Q c Q O N Q * N + R ) , E ) d , O [ R ) , q Q ( O ) [ . , + c O + f Q [ Y ' ) [ T O Y + , Q ( O ) [ k h ) , +T D + ' O R O ' Q N N E . i + , O j ) [ ] + f ^ ) , g F [ ' k l T O [ T ( Q N N Q ( O ) [ ` d D \ , Q Y + D N Q [ O [ c ) N c + T ( W + R ) N N ) f O [ \ He [ O [ T D + ' ( O ) [ ` T d , c + E ( ) Y + ( + , q O [ + Q D N Q [ R ) , ( W + * d O N Y O [ \ ) R D Q ( W f Q E R , ) q T ( , + + ( ( ) * d O N Y O [ \ Q [ Y ` ) , * d O N Y O [ \ ( )* d O N Y O [ \ * Q T + q + [ ( m T p . ' ) , + Y , O N N O [ \ Q [ Y D N Q ' O [ \ c + , ( O ' Q N D Q ( W f Q E . R O * + , W d * T . ( + , q O [ Q N T . Q [ Y O [ T ( Q N N O [ \ QW ) , O j ) [ ( Q N q ) N Y O [ \ ) , R N + � O * N + Y d ' ( T E T ( + q Q T , + ~ d O , + Y k � O ( W O [ ( W + T + D Q ( W f Q E T R O * + , ) D ( O ' ' Q * N + f O N N * + D N Q ' + YQ [ Y T D N O ' + Y ki + , O j ) [ ] + f ^ ) , g F [ ' k l T O [ T ( Q N N Q ( O ) [ ` d D \ , Q Y + ' ) [ R ) , q T f O ( W ( W + T Q R + ( E . R d [ ' ( O ) [ O [ \ Q [ Y Q D D + Q , Q [ ' + ) R( W + * d O N Y O [ \ k P W ) d N Y E ) d W Q c + Q [ E ~ d + T ( O ) [ T , + \ Q , Y O [ \ ( W O T ] ) ( O ' + . D N + Q T + ' ) [ ( Q ' ( ( W + ] ^ V i + , O j ) [ S O & P X + Q NM T ( Q ( + G + D Q , ( q + [ ( Q ( I I I L K � 1 L K 1 � ¶ ) , ] ^ V S O & P · c + , O j ) [ k ' ) q kb W + O [ T ( Q N N Q ( O ) [ ` d D \ , Q Y + ) R ' Q * N + T + , c O ' + f O N N N O g + N E + [ W Q [ ' + ( W + c Q N d + ) R E ) d , D , ) D + , ( E . Q [ Y ( W + , + f O N N * +[ ) ' W Q , \ + ( ) E ) d R ) , T d ' W O [ T ( Q N N Q ( O ) [ ` d D \ , Q Y + k F R E ) d * + N O + c + ( W + c Q N d + ) R E ) d , D , ) D + , ( E O T [ ) ( + [ W Q [ ' + Y . E ) dq Q E Q ( ( + q D ( ( ) T + + g ' ) q D + [ T Q ( O ) [ Q ' ' ) , Y O [ \ ( ) ( W + D , ) ' + Y d , + T + T ( Q * N O T W + Y * E ( W + ] + f ^ ) , g P ( Q ( + C d * N O 'P + , c O ' + V ) q q O T T O ) [ Q T Y + N O [ + Q ( + Y ) [ ( W + , + c + , T + T O Y + ) R ( W O T ] ) ( O ' + kb W O T ] ) ( O ' + q Q E * + T + , c + Y . Q q ) [ \ ) ( W + , f Q E T . * E ' + , ( O R O + Y q Q O N , + ( d , [ , + ' + O D ( , + ~ d + T ( + Y k F R E ) d W Q c +Q [ E ~ d + T ( O ) [ T . E ) d q Q E f , O ( + ) , ' Q N N ( W + ' ) q D Q [ E l T , + D , + T + [ ( Q ( O c + ¸ ) , f , O ( + ) , ' Q N N ( W + P + ' , + ( Q , E ( ) ( W + ] + f^ ) , g P ( Q ( + C d * N O ' P + , c O ' + V ) q q O T T O ) [ Q ( T + ' , + ( Q , E · Y D T k [ E k \ ) c ) , ¹ K M q D O , + P ( Q ( + C N Q j Q . e N * Q [ E . ] ^ 0 - - - K L0 K _ / . b + N k ] ) k _ 0 I L 1 ¶ 1 L � _ K / kb � M U e ] G U & X G l P X F ³ � b b & F ] F b F e b M e V & h C M ] P e b F & ] C X & V M M G F ] ³ � F U U M º C F X M S & a X m 1 ph & ] b � P S X & h b � M P M X i F V M & S b � F P ] & b F V M & X S X & h b � M G e b M & S F ] P b e U U e b F & ] . � � F V � M i M XF P U e b M X kG e b M G H » » » & ' ( ) * + , - . - / 0 1 » » »

USPS Tracking No. 71791000164815763385

������� �

¼ ½ ¾ ¿ À Á Â Ã Ä Å À Á à ¿ Æ ÇÈ É É Ê Ë ¿ Ì Í Î Ï Ð Ñ Î Ò Ó Ô Í Ì Í Ó Ñ Ô Ï Ì Ó Õ Ð Í Ö × Õ ØÙ Ë Ú Ð Ï Ì Í Î Ï Ð Ñ Î Ö × Ì Ï Ï Û Ì Ü Õ Í Ó Ô Ñ Ý Ô Ñ Ô Þ Õ Ó × Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð ÍÝ Ì ß Õ Ï Õ Ó Õ Ô Ö â Ø Ð Í × Õ Ö Ø Ñ Ð Ø Ô Ñ Ó ã Ð Ñ Ø Ñ Ô ä Õ Ö Ô Ö Ô æ ß Ô Ø Ó Ó × Ì Ó Ì Ï Ì Í Î Ï Ð Ñ Î ä Ì ã Ñ Ô ç â Õ Ñ Ô èÛ Ù Ü Ó × Ì Ó Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ý Ì ß Õ Ï Õ Ó Õ Ô Ö ß Ð Í Ý Ð Ñ ä Ó Ð Ö â ß ×Ñ Ô Ì Ö Ð Í Ì à Ï Ô ß Ð Í Î Õ Ó Õ Ð Í Ö Ì Ñ Ô Í Ô ß Ô Ö Ö Ì Ñ ã Ó Ð Ø Ñ Ð Ó Ô ß Ó Ó × Ô Ö Ì Ý Ô Ó ã Ý â Í ß Ó Õ Ð Í Õ Í é Ì Í ÎÌ Ø Ø Ô Ì Ñ Ì Í ß Ô Ð Ý Ó × Ô Ø Ñ Ô ä Õ Ö Ô Ö Ì Í Î Ó × Ô ß Ð Í á Ô Í Õ Ô Í ß Ô Ì Í Î Þ Ô Ï Ï à Ô Õ Í é Ð Ý Ð Ó × Ô ÑÓ Ô Í Ì Í Ó ÖÛ É Ü Ó × Ì Ó Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ð Ñ Ó × Ô Ó Ô Í Ì Í Ó Ð Ñ Ì ß Ð ä à Õ Í Ì Ó Õ Ð Í Ó × Ô Ñ Ô Ð Ýà Ô Ì Ñ Ó × Ô Ô Í Ó Õ Ñ Ô ß Ð Ö Ó Ð Ý Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ø Ô Ñ Ì Ó Õ Ð Í Ð Ñ Ñ Ô ä Ð á Ì Ï Ð Ý Ö â ß × Ý Ì ß Õ Ï Õ Ó Õ Ô ÖÌ Í Î Û ë Ü Ó × Ì Ó Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ì é Ñ Ô Ô Ó Ð Õ Í Î Ô ä Í Õ Ý ã Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ý Ð ÑÌ Í ã Î Ì ä Ì é Ô ß Ì â Ö Ô Î à ã Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ø Ô Ñ Ì Ó Õ Ð Í Ð Ñ Ñ Ô ä Ð á Ì Ï Ð Ý Ö â ß × Ý Ì ß Õ Ï Õ Ó Õ Ô Ö ËÛ à Ü Î Ô ä Ì Í Î Ð Ñ Ì ß ß Ô Ø Ó Ø Ì ã ä Ô Í Ó Ý Ñ Ð ä Ì Í ã Ó Ô Í Ì Í Ó Õ Í Ì Í ã Ý Ð Ñ ä Õ Í Ô æ ß × Ì Í é Ô Ý Ð ÑØ Ô Ñ ä Õ Ó Ó Õ Í é ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð Í Ð Ñ Þ Õ Ó × Õ Í × Õ Ö Ø Ñ Ð Ø Ô Ñ Ó ã Ð Ñ Ø Ñ Ô ä Õ Ö Ô Ö Ð ÑÝ Ñ Ð ä Ì Í ã ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Õ Í Ô æ ß × Ì Í é Ô Ó × Ô Ñ Ô Ý Ð Ñ Ô Õ Í Ô æ ß Ô Ö Ö Ð Ý Ì Í ãÌ ä Ð â Í Ó Þ × Õ ß × Ó × Ô Á Ð ä ä Õ Ö Ö Õ Ð Í Ö × Ì Ï Ï à ã Ñ Ô é â Ï Ì Ó Õ Ð Í Î Ô Ó Ô Ñ ä Õ Í Ô Ó Ð à ÔÑ Ô Ì Ö Ð Í Ì à Ï Ô Ð ÑÛ ß Ü ì Õ Ö ß Ñ Õ ä Õ Í Ì Ó Ô Õ Í Ñ Ô Í Ó Ì Ï ß × Ì Ñ é Ô Ö Ð Ñ Ð Ó × Ô Ñ Þ Õ Ö Ô à Ô Ó Þ Ô Ô Í Ó Ô Í Ì Í Ó Ö Þ × Ð Ñ Ô ß Ô Õ á Ôß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ì Í Î Ó × Ð Ö Ô Þ × Ð Î Ð Í Ð Ó ËÉ Ë Ä Ô Í Ó Ì Ï Ì é Ñ Ô Ô ä Ô Í Ó Ö Ì Í Î Ï Ô Ì Ö Ô Ö Ô æ Ô ß â Ó Ô Î Ø Ñ Õ Ð Ñ Ó Ð í Ì Í â Ì Ñ ã Ý Õ Ñ Ö Ó Í Õ Í Ô Ó Ô Ô Í× â Í Î Ñ Ô Î Ö Ô á Ô Í Ó ã Ò Ó × Ñ Ô Ô ä Ì ã à Ô Ô Í Ý Ð Ñ ß Ô Î Í Ð Ó Þ Õ Ó × Ö Ó Ì Í Î Õ Í é Ó × Õ Ö Ö Ô ß Ó Õ Ð Í Ëë Ë Ú Ð ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã ä Ì ã Ô Í Ó Ô Ñ Õ Í Ó Ð Ì Í ã Ì é Ñ Ô Ô ä Ô Í Ó Þ Õ Ó × Ó × ÔÐ Þ Í Ô Ñ Ö Ï Ô Ö Ö Ô Ô Ö Ð Ñ Ø Ô Ñ Ö Ð Í Ö ß Ð Í Ó Ñ Ð Ï Ï Õ Í é Ð Ñ ä Ì Í Ì é Õ Í é à â Õ Ï Î Õ Í é Ö Ö Ô Ñ á Ô Î à ã Ìß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ð Ñ Î Ð Ð Ñ Ø Ô Ñ ä Õ Ó Ì Í ã Ì ß Ó Ó × Ì Ó Þ Ð â Ï Î × Ì á Ô Ó × Ô Ô Ý Ý Ô ß ÓÎ Õ Ñ Ô ß Ó Ï ã Ð Ñ Õ Í Î Õ Ñ Ô ß Ó Ï ã Ð Ý Î Õ ä Õ Í Õ Ö × Õ Í é Ð Ñ Õ Í Ó Ô Ñ Ý Ô Ñ Õ Í é Þ Õ Ó × Ô æ Õ Ö Ó Õ Í é Ñ Õ é × Ó Ö Ð Ý Ì Í ãÓ Ô Í Ì Í Ó Ð Ñ Ð Ó × Ô Ñ Ð ß ß â Ø Ì Í Ó Ð Ý Ö â ß × à â Õ Ï Î Õ Í é Ó Ð â Ö Ô Ð Ñ Ì á Ì Õ Ï × Õ ä Ö Ô Ï Ý Ð Ý ä Ì Ö Ó Ô Ñ Ð ÑÕ Í Î Õ á Õ Î â Ì Ï Ì Í Ó Ô Í Í Ì Ô ç â Õ Ø ä Ô Í Ó ËÚ Ã Ç î ï Ä ð Á ï ì Ã Â Ä ½ ¿ Ã Â Æ Ú ì Ä Ã ñ ½ ¿ Æ ò À ï Ú Â ó ¼ Æ Ä ò Ê ô Ê ó¿ Æ Ú ì ¿ ï Ä ì Ò ò Ã Ú Æ Ú ò Ä Ã ¿ Æ ò À ï Ú Â õ À ¼ Û Â Ó Ì Ó â Ó Ð Ñ ã Ì â Ó × Ð Ñ Õ Ó ã è ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô¿ Ì Þ È É É Ê Û Ù ÜÈ Ê ô Ê Ë Ù ¼ Ñ Ð × Õ à Õ Ó Õ Ð Íà æ ß Ô Ø Ó Ì Ö Ø Ñ Ð á Õ Î Ô Î Õ Í Ö Ô ß Ó Õ Ð Í Ê ô Ê Ë É Ð Ý Ó × Õ Ö ¼ Ì Ñ Ó Í Ð Ï Ì Í Î Ï Ð Ñ Î Ö × Ì Ï Ï Î Ô ä Ì Í Î Ð ÑÌ ß ß Ô Ø Ó Ì Í ã Ø Ì ã ä Ô Í Ó Ý Ñ Ð ä Ì Í ã ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Õ Í Ô æ ß × Ì Í é Ô Ý Ð ÑØ Ô Ñ ä Õ Ó Ó Õ Í é ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð Ñ Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Ð Í Ð Ñ Þ Õ Ó × Õ Í Ö Ì Õ Î Ï Ì Í Î Ï Ð Ñ Î ö ÖØ Ñ Ð Ø Ô Ñ Ó ã Ð Ñ Ø Ñ Ô ä Õ Ö Ô Ö ËÈ Ê ô Ê Ë É í â Ö Ó Á Ð ä Ø Ô Í Ö Ì Ó Õ Ð Íà á Ô Ñ ã Ï Ì Í Î Ï Ð Ñ Î Ö × Ì Ï Ï à Ô Ô Í Ó Õ Ó Ï Ô Î Ó Ð Ó × Ô Ø Ì ã ä Ô Í Ó Ð Ý ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ý Ð ÑØ Ñ Ð Ø Ô Ñ Ó ã Ó Ì ø Ô Í à ã Ì ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ý Ð Ñ Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï ÔÓ Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð Ñ Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Ë ò × Ô Ì ä Ð â Í Ó Ð Ý ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ö × Ì Ï Ï à ÔÎ Ô Ó Ô Ñ ä Õ Í Ô Î à ã Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Õ Í Ì ß ß Ð Ñ Î Ì Í ß Ô Þ Õ Ó × Ö Ô ß Ó Õ Ð Í É É Ê Û Ù Ü Û à Ü Ð Ý Ó × Ô¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô ¿ Ì Þ â Ø Ð Í Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í à ã Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ø â Ñ Ö â Ì Í Ó Ó Ð Ö Ô ß Ó Õ Ð Í Ê ô Ê Ë ùÐ Ý Ó × Õ Ö ¼ Ì Ñ Ó ËÈ Ê ô Ê Ë ë Ú Ð Ó Õ ß Ô Ð Ý Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð ÍÛ Ì Ü Ã á Ô Ñ ã ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ø Ñ Ð Ø Ð Ö Õ Í é Ó Ð Õ Í Ö Ó Ì Ï Ï ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð ÍÖ Ô Ñ á Õ ß Ô Ð Ñ Ý Ì ß Õ Ï Õ Ó Õ Ô Ö â Ø Ð Í Ó × Ô Ø Ñ Ð Ø Ô Ñ Ó ã Ð Ý Ì Ï Ì Í Î Ï Ð Ñ Î Ö × Ì Ï Ï Ö Ô Ñ á Ô â Ø Ð Í Ö Ì Õ ÎÏ Ì Í Î Ï Ð Ñ Î Ð Ñ Ì Í Ì â Ó × Ð Ñ Õ ú Ô Î Ì é Ô Í Ó Þ Ñ Õ Ó Ó Ô Í Í Ð Ó Õ ß Ô Ð Ý Õ Í Ó Ô Í Ó Ó × Ô Ñ Ô Ð Ý Ì Ó Ï Ô Ì Ö Ó Ù ùÎ Ì ã Ö Ø Ñ Õ Ð Ñ Ó Ð Ó × Ô ß Ð ä ä Ô Í ß Ô ä Ô Í Ó Ð Ý Ö â ß × Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í ËÛ à Ü ò × Ô Ö Ô ß Ñ Ô Ó Ì Ñ ã Ð Ý Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ö × Ì Ï Ï Ø Ñ Ô Ö ß Ñ Õ à Ô Ó × Ô Ø Ñ Ð ß Ô Î â Ñ Ô Ý Ð Ñ Ö Ô Ñ á Õ ß ÔÐ Ý Ö â ß × Í Ð Ó Õ ß Ô Ì Í Î Ó × Ô Ý Ð Ñ ä Ì Í Î ß Ð Í Ó Ô Í Ó Ð Ý Ö â ß × Í Ð Ó Õ ß Ô Þ × Õ ß × Ö × Ì Ï Ï Õ Í ß Ï â Î Ôà â Ó Í Ô Ô Î Í Ð Ó à Ô Ï Õ ä Õ Ó Ô Î Ó Ð èÛ Õ Ü Ó × Ô Í Ì ä Ô Ì Í Î Ì Î Î Ñ Ô Ö Ö Ð Ý Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ãÛ Õ Õ Ü Ó × Ô Í Ì ä Ô Ì Í Î Ì Î Î Ñ Ô Ö Ö Ð Ý Ó × Ô Ï Ì Í Î Ï Ð Ñ ÎÛ Õ Õ Õ Ü Ó × Ô Ì Ø Ø Ñ Ð æ Õ ä Ì Ó Ô Î Ì Ó Ô Ð Ý Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ì Í ÎÛ Õ á Ü Ì ß Õ Ó Ì Ó Õ Ð Í Ð Ý Ö Ô ß Ó Õ Ð Í É É Ê Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô ¿ Ì Þ Ì Í Î ¼ Ì Ñ Ó Ê ô Ê Ð Ý Ó × Ôß Ð ä ä Õ Ö Ö Õ Ð Í ö Ö Ñ â Ï Ô Ö ËÛ ß Ü Ú Ð Ó Õ ß Ô Ó × Ì Ó Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý Ô ç â Õ Ø ä Ô Í Ó × Ì Ö à Ô Ô Í ß Ð ä Ø Ï Ô Ó Ô Î ä Ì ã à Ô Ö Ô Ñ á Ô Î Ì ÓÌ Í ã Ó Õ ä Ô Ð Í Ï Ì Í Î Ï Ð Ñ Î Ö â Ø Ð Í Þ × Ð Ö Ô Ø Ñ Ð Ø Ô Ñ Ó ã ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð ÑÝ Ì ß Õ Ï Õ Ó Õ Ô Ö Þ Ô Ñ Ô Ø Ï Ì ß Ô Î Ø Ñ Õ Ð Ñ Ó Ð Ó × Ô Ô Ý Ý Ô ß Ó Õ á Ô Î Ì Ó Ô Ð Ý Ó × Õ Ö ¼ Ì Ñ Ó ËÈ Ê ô Ê Ë û Ä Õ é × Ó Ð Ý Ã Í Ó Ñ ãÛ Ì Ü Æ ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö × Ì Ï Ï × Ì á Ô Ó × Ô Ñ Õ é × Ó Ó Ð Ô Í Ó Ô Ñ Ø Ñ Ð Ø Ô Ñ Ó ã Ð Ý Ó × ÔÏ Ì Í Î Ï Ð Ñ Î Ý Ð Ñ Ó × Ô Ø â Ñ Ø Ð Ö Ô Ð Ý ä Ì ø Õ Í é Ö â Ñ á Ô ã Ö Ð Ñ Ð Ó × Ô Ñ Õ Í á Ô Ö Ó Õ é Ì Ó Õ Ð Í Ö Ø Ñ Ô Ø Ì Ñ Ì Ó Ð Ñ ãÓ Ð Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ë ¾ Ô Ý Ð Ñ Ô Ö â ß × Ô Í Ó Ñ ã Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö × Ì Ï Ï Ö Ô Ñ á ÔÍ Ð Ó Õ ß Ô â Ø Ð Í Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ð Ñ Ì Í Ì â Ó × Ð Ñ Õ ú Ô Î Ì é Ô Í Ó Þ × Õ ß × Í Ð Ó Õ ß Ô Ö × Ì Ï Ï ß Ð Í Ó Ì Õ Í Ó × ÔÎ Ì Ó Ô Ð Ý Ô Í Ó Ñ ã Ì Í Î Ì Ï Ï Ð Ó × Ô Ñ Õ Í Ý Ð Ñ ä Ì Ó Õ Ð Í Î Ô Ö ß Ñ Õ à Ô Î Õ Í Ö Ô ß Ó Õ Ð Í Ê ô ë Ë ë Û à Ü Ð Ý Ó × Õ Ö¼ Ì Ñ Ó Ë ò × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö × Ì Ï Ï à Ô Ï Õ Ì à Ï Ô Ó Ð Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ý Ð Ñ Ì Í ãÎ Ì ä Ì é Ô Ö ß Ì â Ö Ô Î à ã Ö â ß × Ô Í Ó Ñ ã à â Ó Ö â ß × Î Ì ä Ì é Ô Ö Ö × Ì Ï Ï Í Ð Ó Î â Ø Ï Õ ß Ì Ó ÔÎ Ì ä Ì é Ô Ö Ø Ì Õ Î à ã Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ø â Ñ Ö â Ì Í Ó Ó Ð Ö Ô ß Ó Õ Ð ÍÉ É Ê Û Ù Ü Û Ì Ü Û ë Ü Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô ¿ Ì Þ Ë

Û à Ü Þ × Ô Ñ Ô Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð Ñ Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Õ Ö Í Ð Ó Ô Ý Ý Ô ß Ó Ô ÎØ â Ñ Ö â Ì Í Ó Ó Ð Ì Í Ð Ó Õ ß Ô Ö Ô Ñ á Ô Î Õ Í Ì ß ß Ð Ñ Î Ì Í ß Ô Þ Õ Ó × Ö Ô ß Ó Õ Ð Í Ê ô Ê Ë ë Ð Ý Ó × Õ Ö ¼ Ì Ñ Ó Ó × Ôß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã ä Ì ã Ý Õ Ï Ô Þ Õ Ó × Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ì Ø Ô Ó Õ Ó Õ Ð Í á Ô Ñ Õ Ý Õ Ô Î à ã Ì ÍÌ â Ó × Ð Ñ Õ ú Ô Î Ð Ý Ý Õ ß Ô Ñ Ð Ý Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö Ô Ó Ó Õ Í é Ý Ð Ñ Ó × èÛ Ù Ü Ø Ñ Ð Ð Ý Ð Ý Ö Ô Ñ á Õ ß Ô Ð Ý Ì Í Ð Ó Õ ß Ô Ð Ý Õ Í Ó Ô Í Ó Ó Ð Õ Í Ö Ó Ì Ï Ï ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô â Ø Ð Í Ó × ÔÏ Ì Í Î Ï Ð Ñ ÎÛ É Ü Ó × Ô Ö Ø Ô ß Õ Ý Õ ß Ï Ð ß Ì Ó Õ Ð Í Ð Ý Ó × Ô Ñ Ô Ì Ï Ø Ñ Ð Ø Ô Ñ Ó ãÛ ë Ü Ó × Ô Ñ Ô Ö Õ Î Ô Í Ó Ì Î Î Ñ Ô Ö Ö Ð Ý Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Õ Ý ø Í Ð Þ ÍÛ û Ü Ì Î Ô Ö ß Ñ Õ Ø Ó Õ Ð Í Ð Ý Ó × Ô Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Ì Í Î Ô ç â Õ Ø ä Ô Í Ó Ó Ð à Ô Õ Í Ö Ó Ì Ï Ï Ô Î â Ø Ð Í Ó × Ô Ø Ñ Ð Ø Ô Ñ Ó ãÕ Í ß Ï â Î Õ Í é Ó × Ô Ó ã Ø Ô Ì Í Î ä Ô Ó × Ð Î Ð Ý Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ó × Ô Ì Í Ó Õ ß Õ Ø Ì Ó Ô Î ß Ð Ö Ó Ö Ó × Ô Ñ Ô Ð Ý Ì Í ÎÓ × Ô ä Ô Ì Ö â Ñ Ô Ö Ó Ð à Ô Ó Ì ø Ô Í Ó Ð ä Õ Í Õ ä Õ ú Ô Ó × Ô Ì Ô Ö Ó × Ô Ó Õ ß Õ ä Ø Ì ß Ó Ð Ý Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð ÍÛ ù Ü Ó × Ô Í Ì ä Ô Ð Ý Ó × Ô Õ Í Î Õ á Õ Î â Ì Ï Ð Ñ Ð Ý Ý Õ ß Ô Ñ Ñ Ô Ö Ø Ð Í Ö Õ à Ï Ô Ý Ð Ñ Ó × Ô Ì ß Ó â Ì Ï Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð ÍÛ ü Ü Ì Ö Ó Ì Ó Ô ä Ô Í Ó Ó × Ì Ó Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö × Ì Ï Ï Õ Í Î Ô ä Í Õ Ý ã Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ý Ð ÑÌ Í ã Î Ì ä Ì é Ô ß Ì â Ö Ô Î Õ Í ß Ð Í Í Ô ß Ó Õ Ð Í Þ Õ Ó × Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Õ Í ß Ï â Î Õ Í é Ø Ñ Ð Ð Ý Ð ÝÕ Í Ö â Ñ Ì Í ß Ô Ð Ñ Ð Ó × Ô Ñ Ô á Õ Î Ô Í ß Ô Ð Ý Ì à Õ Ï Õ Ó ã Ó Ð Õ Í Î Ô ä Í Õ Ý ã Ó × Ô Ï Ì Í Î Ï Ð Ñ ÎÛ ý Ü Ì Ö Ó Ì Ó Ô ä Ô Í Ó Ó × Ì Ó Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ö × Ì Ï Ï à Ô ß Ð Í Î â ß Ó Ô Î Þ Õ Ó × Ð â Ó Ø Ñ Ô ÷ â Î Õ ß Ô Ó Ð Ó × ÔÑ Õ é × Ó Ö Ð Ý Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ó Ð ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Õ Í Ì ß ß Ð Ñ Î Ì Í ß Ô Þ Õ Ó × Ö Ô ß Ó Õ Ð Í Ê ô Ê Ë É Ð Ý Ó × Õ Ö¼ Ì Ñ ÓÛ Ê Ü Ì Ö â ä ä Ì Ñ ã Ð Ý Ô Ý Ý Ð Ñ Ó Ö à ã Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ó Ð Ô Ý Ý Ô ß Ó Ô Í Ó Ñ ã Ð Ý Ó × ÔØ Ñ Ð Ø Ô Ñ Ó ã Ý Ð Ñ Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ì Í ÎÛ ô Ü Ì Ö Ó Ì Ó Ô ä Ô Í Ó Ó × Ì Ó Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Õ Ö Ì Ý Ý Ð Ñ Î Ô Î Ó × Ô Ð Ø Ø Ð Ñ Ó â Í Õ Ó ã Ó Ð Ì Í Ö Þ Ô Ñ Ó × Ô Ø Ô Ó Õ Ó Õ Ð ÍÞ Õ Ó × Õ Í É þ Î Ì ã Ö Ý Ñ Ð ä Ó × Ô Ñ Ô ß Ô Õ Ø Ó Ó × Ô Ñ Ô Ð Ý Þ × Õ ß × Ì Í Ö Þ Ô Ñ ä â Ö Ó à Ô Ñ Ô Ö Ø Ð Í Ö Õ á Ô Ó Ð Ó × ÔØ Ô Ó Õ Ó Õ Ð Í Ì Í Î ä Ì ã Ö Ô Ó Ý Ð Ñ Ó × Ì Í ã Ì Î Î Õ Ó Õ Ð Í Ì Ï ä Ì Ó Ó Ô Ñ Í Ð Ó ß Ð Í Ó Ì Õ Í Ô Î Õ Í Ó × Ô Ø Ô Ó Õ Ó Õ Ð Í Ë¼ Ì Ñ Ó Õ ß Õ Ø Ì Ó Õ Ð Í à ã Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Õ Ö Í Ð Ó ä Ì Í Î Ì Ó Ð Ñ ã × Ð Þ Ô á Ô Ñ Õ Ý Í Ð Ì Ø Ø Ô Ì Ñ Ì Í ß Ô à ã Ó × ÔÏ Ì Í Î Ï Ð Ñ Î Õ Ö ä Ì Î Ô Õ Í Ó × Ô Ø Ñ Ð ß Ô Ô Î Õ Í é Ð Ñ Í Ð Ì Í Ö Þ Ô Ñ Ý Õ Ï Ô Î Þ Õ Ó × Õ Í Ó × Ô Ó Õ ä Ô Ø Ô Ñ ä Õ Ó Ó Ô ÎÓ × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í ä Ì ã é Ñ Ì Í Ó Ó Ð Ó × Ô Ø Ô Ó Õ Ó Õ Ð Í Õ Í é ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ì Í Ð Ñ Î Ô Ñ Ð ÝÔ Í Ó Ñ ã Þ × Õ ß × Ð Ñ Î Ô Ñ Ö × Ì Ï Ï ß Ð Í Ö Ó Õ Ó â Ó Ô Ì Ñ â Ï Õ Í é Ó × Ì Ó Ó × Ô Ø Ô Ó Õ Ó Õ Ð Í Õ Í é ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Íß Ð ä Ø Ì Í ã × Ì Ö ß Ð ä Ø Ï Õ Ô Î Þ Õ Ó × Ñ Ô ç â Õ Ñ Ô ä Ô Í Ó Ö Ð Ý Ö Ô ß Ó Õ Ð Í É É Ê Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô¿ Ì Þ Ì Í Î Ó × Ô Ñ Ô é â Ï Ì Ó Õ Ð Í Ö ß Ð Í Ó Ì Õ Í Ô Î Õ Í Ó × Õ Ö ¼ Ì Ñ Ó Ë À Ý Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ý Õ Ï Ô Ö Ì Þ Ñ Õ Ó Ó Ô ÍÌ Í Ö Þ Ô Ñ Ó Ð Ó × Ô Ø Ô Ó Õ Ó Õ Ð Í Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ö × Ì Ï Ï × Ì á Ô Ù þ Î Ì ã Ö Þ Õ Ó × Õ ÍÞ × Õ ß × Ó Ð Ñ Ô Ø Ï ã Ó Ð Ö Ì Õ Î Ì Í Ö Þ Ô Ñ Ë ò × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í ä Ì ã é Ñ Ì Í Ó Ð Ñ Î Ô Í ã Ó × Ô Ø Ô Ó Õ Ó Õ Ð ÍÖ ß × Ô Î â Ï Ô Ì Í Ì Î ä Õ Í Õ Ö Ó Ñ Ì Ó Õ á Ô × Ô Ì Ñ Õ Í é Ð Í Ì Í ã Ý Ì ß Ó â Ì Ï Õ Ö Ö â Ô Ö Ø Ñ Ô Ö Ô Í Ó Ô Î Ó × Ô Ñ Ô à ã Ð ÑÎ Õ Ñ Ô ß Ó Ö â ß × Ð Ó × Ô Ñ Ø Ñ Ð ß Ô Î â Ñ Ô Ö Ì Ö ä Ì ã à Ô ß Ð Í Ö Õ Ö Ó Ô Í Ó Þ Õ Ó × Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï ÔÓ Ô Ï Ô á Õ Ö Õ Ð Í Ö Ô Ñ á Õ ß Ô Ð Ñ Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Õ Í Ì ß ß Ð Ñ Î Ì Í ß Ô Þ Õ Ó × Â Ô ß Ó Õ Ð Í É É Ê Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô¿ Ì Þ ËÈ Ê ô Ê Ë ù Æ Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ý Ð Ñ ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð ÍÆ Ï Ì Í Î Ï Ð Ñ Î ä Ì ã Ý Õ Ï Ô Þ Õ Ó × Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ì Í Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ý Ð Ñ ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð ÍÞ Õ Ó × Õ Í Ý Ð â Ñ ä Ð Í Ó × Ö Ý Ð Ï Ï Ð Þ Õ Í é Ó × Ô Ö Ô Ñ á Õ ß Ô à ã Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ð Ý Ó × ÔÍ Ð Ó Õ ß Ô Î Ô Ö ß Ñ Õ à Ô Î Õ Í Ö Ô ß Ó Õ Ð Í Ê ô Ê Ë ë Ð Ý Ó × Õ Ö ¼ Ì Ñ Ó Ð Ñ Þ Õ Ó × Õ Í Ý Ð â Ñ ä Ð Í Ó × Ö Ý Ð Ï Ï Ð Þ Õ Í é Ó × Ôß Ð ä Ø Ï Ô Ó Õ Ð Í Ð Ý Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Þ × Õ ß × Ô á Ô Ñ Õ Ö Ï Ì Ó Ô Ñ ËÈ Ê ô Ê Ë ü Á Ð Í Ó Ô Í Ó Ö Ð Ý Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ý Ð Ñ ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð ÍÆ Í Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ý Ð Ñ ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ö × Ì Ï Ï Ö Ô Ó Ý Ð Ñ Ó × Ö Ø Ô ß Õ Ý Õ ß Ý Ì ß Ó Ö Ñ Ô Ï Ô á Ì Í Ó Ó Ð Ó × ÔÎ Ô Ó Ô Ñ ä Õ Í Ì Ó Õ Ð Í Ð Ý ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ë Â â ß × Ý Ì ß Ó Ö Ñ Ô Ï Ô á Ì Í Ó Ó Ð Ó × Ô Î Ô Ó Ô Ñ ä Õ Í Ì Ó Õ Ð Í Ð Ý÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ë Â â ß × Ý Ì ß Ó Ö Ö × Ð â Ï Î Õ Í ß Ï â Î Ô à â Ó Í Ô Ô Î Í Ð Ó à Ô Ï Õ ä Õ Ó Ô Î Ó Ð ÌÖ × Ð Þ Õ Í é Ð Ý èÛ Ì Ü Ó × Ô Ï Ð ß Ì Ó Õ Ð Í Ì Í Î Ì ä Ð â Í Ó Ð Ý Ö Ø Ì ß Ô Ð ß ß â Ø Õ Ô Î à ã Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð ÍÛ à Ü Ó × Ô Ø Ñ Ô á Õ Ð â Ö â Ö Ô Ð Ý Ö â ß × Ö Ø Ì ß ÔÛ ß Ü Ó × Ô á Ì Ï â Ô Ð Ý Ó × Ô Ì Ø Ø Ï Õ ß Ì Í Ó ö Ö Ø Ñ Ð Ø Ô Ñ Ó ã à Ô Ý Ð Ñ Ô Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð ÍÝ Ì ß Õ Ï Õ Ó Õ Ô Ö Ì Í Î Ó × Ô á Ì Ï â Ô Ð Ý Ó × Ô Ì Ø Ø Ï Õ ß Ì Í Ó ö Ö Ø Ñ Ð Ø Ô Ñ Ó ã Ö â à Ö Ô ç â Ô Í Ó Ó Ð Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ýß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Ì Í ÎÛ Î Ü Ó × Ô ä Ô Ó × Ð Î Ð Ñ ä Ô Ó × Ð Î Ö â Ö Ô Î Ó Ð Î Ô Ó Ô Ñ ä Õ Í Ô Ö â ß × á Ì Ï â Ô Ö Ë ò × Ô Ö Ô ß Ñ Ô Ó Ì Ñ ã ä Ì ãâ Ø Ð Í é Ð Ð Î ß Ì â Ö Ô Ö × Ð Þ Í Ø Ô Ñ ä Õ Ó Ó × Ô Ý Õ Ï Õ Í é Ð Ý Ö â Ø Ø Ï Ô ä Ô Í Ó Ì Ï Õ Í Ý Ð Ñ ä Ì Ó Õ Ð Í Ì Ó Ì Í ã Ó Õ ä ÔØ Ñ Õ Ð Ñ Ó Ð Ý Õ Í Ì Ï Î Ô Ó Ô Ñ ä Õ Í Ì Ó Õ Ð Í à ã Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í ËÈ Ê ô Ê Ë ý Â Ô Ñ á Õ ß Ô Ð Ý Æ Ø Ø Ï Õ ß Ì Ó Õ Ð ÍÆ ß Ð Ø ã Ð Ý Ó × Ô Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ý Õ Ï Ô Î à ã Ó × Ô Ï Ì Í Î Ï Ð Ñ Î Ý Ð Ñ ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ö × Ì Ï Ï à ÔÖ Ô Ñ á Ô Î â Ø Ð Í Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã ä Ì ø Õ Í é Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ì Í Î â Ø Ð Í Ó × Ôß × Õ Ô Ý Ô æ Ô ß â Ó Õ á Ô Ð Ý Ý Õ ß Ô Ñ Ð Ý Ó × Ô ä â Í Õ ß Õ Ø Ì Ï Õ Ó ã Õ Í Þ × Õ ß × Ó × Ô Ñ Ô Ì Ï Ø Ñ Ð Ø Ô Ñ Ó ã Õ Ö Ï Ð ß Ì Ó Ô Î ËÈ Ê ô Ê Ë Ê Ä Ô Ö Ø Ð Í Ö Ô ÖÄ Ô Ö Ø Ð Í Ö Ô Ö Ó Ð Ó × Ô Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Õ Ý Ì Í ã Ö × Ì Ï Ï à Ô Ö Ô Ñ á Ô Î Ð Í Ì Ï Ï Ø Ì Ñ Ó Õ Ô Ö Ì Í Î Ð Í Ó × Ôß Ð ä ä Õ Ö Ö Õ Ð Í Þ Õ Ó × Õ Í Ó Þ Ô Í Ó ã Î Ì ã Ö Ý Ñ Ð ä Ó × Ô Ö Ô Ñ á Õ ß Ô Ð Ý Ó × Ô Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í ËÈ Ê ô Ê Ë ô õ Ô Ì Ñ Õ Í é Ì Í Î Î Ô Ó Ô Ñ ä Õ Í Ì Ó Õ Ð ÍÛ Ì Ü À Ý Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ý Õ Í Î Ö Ó × Ì Ó ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ý Ð Ñ Ó × Ô Õ Í Ö Ó Ì Ï Ï Ì Ó Õ Ð Í Ð Ý ß Ì à Ï ÔÓ Ô Ï Ô á Õ Ö Õ Ð Í Ý Ì ß Õ Ï Õ Ó Õ Ô Ö Ì Ö Î Ô Ö ß Ñ Õ à Ô Î Õ Í Ó × Ô Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í ä Ì ã à Ô Õ Í Ô æ ß Ô Ö Ö Ð Ý Ð Í Ô Î Ð Ï Ï Ì Ñ Õ ÓÖ × Ì Ï Ï ß Ð Í Î â ß Ó Ì × Ô Ì Ñ Õ Í é Ø â Ñ Ö â Ì Í Ó Ó Ð Ö Ô ß Ó Õ Ð Í É Ù ü Û ë Ü Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô ¿ Ì Þ ËÛ à Ü Æ Í Ì Ø Ø Ï Õ ß Ì Í Ó ä Ì ã Þ Õ Ó × Õ Í É þ Î Ì ã Ö Ý Ñ Ð ä Ó × Ô Ñ Ô Ï Ô Ì Ö Ô Î Ì Ó Ô Ð Ý Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð ÍÐ Ñ Î Ô Ñ Þ × Õ ß × Ö Ô Ó Ö ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ì Ó Ð Í Ô Î Ð Ï Ï Ì Ñ Ð Ñ Ï Ô Ö Ö Ý Õ Ï Ô Ì Þ Ñ Õ Ó Ó Ô Í Ñ Ô ç â Ô Ö Ó Ý Ð Ñ Ì× Ô Ì Ñ Õ Í é Ë ½ Ø Ð Í Ó Õ ä Ô Ï ã Ñ Ô ß Ô Õ Ø Ó Ð Ý Ö â ß × Ñ Ô ç â Ô Ö Ó Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ö × Ì Ï Ï ß Ð Í Î â ß Ó Ì× Ô Ì Ñ Õ Í é Ø â Ñ Ö â Ì Í Ó Ó Ð Ö Ô ß Ó Õ Ð Í É Ù ü Û ë Ü Ð Ý Ó × Ô ¼ â à Ï Õ ß Â Ô Ñ á Õ ß Ô ¿ Ì Þ Ì Í Î Á × Ì Ø Ó Ô Ñ À â à ß × Ì Ø Ó Ô Ñ Æ Ð Ý Ó × Õ Ö ò Õ Ó Ï Ô ËÛ ß Ü À Ý Ì Ý Ó Ô Ñ Ó × Ô Ý Õ Ï Õ Í é Ð Ý Ì Í Ì Ø Ø Ï Õ ß Ì Ó Õ Ð Í Ó × Ô ß Ì à Ï Ô Ó Ô Ï Ô á Õ Ö Õ Ð Í ß Ð ä Ø Ì Í ã Ì Í Î Ó × ÔÌ Ø Ø Ï Õ ß Ì Í Ó Ì é Ñ Ô Ô â Ø Ð Í Ó × Ô Ì ä Ð â Í Ó Ð Ý ÷ â Ö Ó ß Ð ä Ø Ô Í Ö Ì Ó Õ Ð Í Ì Í Î Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð ÍÌ Ø Ø Ñ Ð á Ô Ö Ö â ß × Ì ä Ð â Í Ó Ó × Ô ß Ð ä ä Õ Ö Ö Õ Ð Í Ö × Ì Ï Ï Í Ð Ó à Ô Ñ Ô ç â Õ Ñ Ô Î Ó Ð ß Ð Í Î â ß Ó Ì × Ô Ì Ñ Õ Í éÐ Í Ó × Ô Õ Ö Ö â Ô Ë

USPS Tracking No. 71791000164815763385

Property No. 8229593-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126461

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8229593-1 Dean Sterino Andrea Bunis Management 45 W 45th Street, Suite #901 New York, NY 10036-4602 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1082 Madison Av, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1082 Madison Av, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126461

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126461

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1082 Madison Av, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126461

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8230398-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259534

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8230398-1 Maks Etingin Orsid Realty Corp. 1740 Broadway, 2nd Floor New York, NY 10019-4315 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 505 E 88, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 505 E 88, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259534

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259534

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 505 E 88, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259534

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8234158-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259541

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8234158-1 Mark Caldeira William Gottlieb Management Co, LLC 544 Hudson Street New York, NY 10014-3233 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 113 Perry, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 113 Perry, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259541

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259541

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 113 Perry, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259541

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8235700-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126478

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8235700-1 Greg Ramirez Norwax Associates 1046 McLean Ave, 2nd Floor Yonkers, NY 10704-4379 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 85 Stanton, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 85 Stanton, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126478

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126478

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 85 Stanton, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126478

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8253809-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126485

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8253809-1 Thomas Caruso Total Realty Assoc. Inc. 4768 Broadway, #1012 New York, NY 10034-4916 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 1704 Van Buren, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 1704 Van Buren, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126485

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126485

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 1704 Van Buren, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126485

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8256609-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126492

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8256609-1 Ricardo Von Puttkammer RVP Management Corp. 130 Madison Avenue, 2nd Floor New York, NY 10016-7026 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 160 9 Av, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 160 9 Av, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126492

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126492

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 160 9 Av, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126492

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 8260259-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126508

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8260259-1 Sandra Erickson Sandra Erickson Real Estate 1394 Clay Ave, Apt 1-C Bronx, NY 10456-1728 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 440 E 139, Bronx NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 440 E 139, Bronx NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126508

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126508

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 440 E 139, Bronx NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126508

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9343069-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259596

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9343069-1 Jacob Kempler 116 Lenox Realty LLC 303 Beverly Road Brooklyn, NY 11218-3151 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 116 Lenox Rd, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 116 Lenox Rd, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259596

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259596

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 116 Lenox Rd, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259596

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9343435-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259619

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9343435-1 Jason Korn Limor Management LLC 2003 Avenue J, #1C Brooklyn, NY 11210-3605 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 251 E 29, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 251 E 29, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259619

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259619

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 251 E 29, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259619

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9343440-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259626

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9343440-1 Joshua Gotlieb Black Spruce Mgmt 276 5th Avenue, Rm 1003 New York, NY 10001-4544 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 520 E 21, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 520 E 21, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259626

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259626

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 520 E 21, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259626

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9350222-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259640

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9350222-1 Leonard Schwartz 8415 Realty LLC 5312 New Utrecht Avenue Brooklyn, NY 11219-4139 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 8415 4 Av, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 8415 4 Av, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259640

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259640

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 8415 4 Av, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259640

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9357672-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126515

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9357672-1 Justine Delegana Orsid Realty Corp. 1740 Broadway, 2nd Floor New York, NY 10019-4315 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: the Singer Building, 561 Broadway, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at the Singer Building, 561 Broadway, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126515

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126515

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at the Singer Building, 561 Broadway, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126515

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9362864-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907771

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9362864-1 Isadora Hecht 204-206 West 106th Street LLC 339 West 85th Street New York, NY 10024-3836 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 204 W 106, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 204 W 106, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907771

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907771

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 204 W 106, New York NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907771

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9364814-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259671

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9364814-1 Ewart Goodin Terrace Apartments Inc. 1 St. Nicholas Terrace New York, NY 10027-3569 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 379 W 127, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 379 W 127, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259671

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259671

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 379 W 127, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259671

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9364927-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259688

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9364927-1 Anthony Calafcibetta C+C Apartment Management LLC 1735 Park Avenue 3rd Floor New York, NY 10035-3532 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 457 W 125, 457 W 125, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 457 W 125, 457 W 125, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259688

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259688

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 457 W 125, 457 W 125, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259688

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9365932-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126546

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9365932-1 Carter & Delore Wesley Desperation HDFC 678 St. Nicholas Avenue New York, NY 10030-1042 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 676 St Nicholas Av, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 676 St Nicholas Av, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126546

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126546

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 676 St Nicholas Av, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126546

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9368165-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259695 71791000164817259701-CC

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9368165-1 James Colon Gumley HAFT LLC 415 Madison Avenue, 5th Floor New York, NY 10017-7928 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 804 W 180, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 804 W 180, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259695 71791000164817259701-CC

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City cc (via U.S. mail): Board President: Linda Lee

NIS-20120612 F

USPS Tracking No. : 71791000164817259695 71791000164817259701-CC

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 804 W 180, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259695 71791000164817259701-CC

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9397652-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259718

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9397652-1 Harry Deutsch 146 Spencer Street Brooklyn, NY 11205-5622 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 144 Spencer, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 144 Spencer, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259718

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259718

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 144 Spencer, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259718

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9402404-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259725

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9402404-1 Madelene Behette 7201 Realty LLC 521 85th Street Brooklyn, NY 11209-4810 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 7201 Ridge Blvd, Brooklyn NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 7201 Ridge Blvd, Brooklyn NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259725

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259725

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 7201 Ridge Blvd, Brooklyn NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259725

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9405180-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126584

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 20, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9405180-1 Erica Tapia Goldman Properties 110 Greene Street, #500 New York, NY 10012-3838 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 110 Greene, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 110 Greene, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817126584

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817126584

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 110 Greene, New York NY. The inspection will be performed on or about December 4, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 20, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817126584

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9405239-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907795

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 13, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9405239-1 Estaban Arias Wheatleigh Management LLC / Vintage Grp 15 W 39th St, 8th Floor New York, NY 10018-3806 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 53-55 E Houston, 55 E Houston, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 53-55 E Houston, 55 E Houston, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164816907795

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164816907795

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 53-55 E Houston, 55 E Houston, New York NY. The inspection will be performed on or about November 27, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 13, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164816907795

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9406825-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259749

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9406825-1 Harrison Rayford Lemor Realty Corporation 167 West 145th Street New York, NY 10039-4205 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 504 W 134, 504 W 134, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 504 W 134, 504 W 134, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259749

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259749

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 504 W 134, 504 W 134, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259749

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Property No. 9407116-1

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259756

140 West Street, Room 1105 New York, NY 10007 Phone: (888) 364–3467 [email protected]

November 26, 2014 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 9407116-1 Thelma Greene 470 W 146th HFDC 470 West 146th Street New York, NY 10031-4727 RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service - Inspection and Survey at: 470 W 146, New York NY Dear Property Owner/Manager:

I have been advised by Verizon New York Inc.’s (“Verizon”) NYC FiOS Real Estate Department of the difficulty Verizon has encountered in attempting to install and/or attach its FiOS facilities at 470 W 146, New York NY (“Property”). Our records indicate that you have not responded to our previous correspondence, that you have conditioned Verizon’s access on unreasonable terms and conditions or that you have denied Verizon access to the Property. The purpose of this letter is to restate our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your building because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. However, in the event that you do not cooperate in providing Verizon access, you should know that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations (“NYCRR”), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). Section 228 of the New York Public Service Law states that “[n]o landlord shall interfere with the installation of cable television facilities upon his property or premises ….” In addition, Verizon’s Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon’s compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

Cover-Ltr2-20120612 F

USPS Tracking No. : 71791000164817259756

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Department a t (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the pr ocess of bringing FiOS to your Property and/or other properties on your block. If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you. Sincerely,

Alyson M. Seigal Manager, FiOS Franchise Assurance – New York City

NIS-20120612 F

USPS Tracking No. : 71791000164817259756

NOTICE OF INTENTION TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

INSPECTION AND SURVEY

PURSUANT to Public Service Law §228, and 16 NYCRR Part 898, Verizon New York Inc. has the right to enter and inspect your property in order to prepare drawings, plans and designs in preparation for the installation/upgrade of cable television facilities and service upon your property located at 470 W 146, New York NY. The inspection will be performed on or about December 10, 2014. In the event of any damage to your property, Verizon New York Inc. will be responsible. After having prepared the plans and designs, Verizon New York Inc. will make plans for the facilities available for your information, review and consideration. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

An inspection / survey to determine a plan for the building of pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced.

Verizon New York Inc.’s installation/upgrade conforms with the safety, functioning and appearance of the building. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions, you may write or call the company’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. 518-474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ___November 26, 2014___

NIS-20120612 F

USPS Tracking No. : 71791000164817259756

PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.

(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.


Recommended