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November 26, 2008

Eli Baumwolspeiner &


Mr. Aaron Zoberman

Re: 96 Lawrence Avenue


Brooklyn, NY

Dear Mr. Baumwolspeiner & Mr. Zoberman: -

In accordance with our discussions, Bricolage Designs, the architect, herein noted as Bricolage, hereby proposes to prepare working
drawing plans for alteration to convert two family dwelling into a three family dwelling at the above referenced location.

DESCRIPTION OF PROJECT

Alteration to convert two (2) family dwelling into a three (3) family dwelling

Our work will also include all necessary meetings with you to determine your needs, preparation of preliminary design drawings for
your approval, preparation of construction working drawings and filings with, and procurement of Department of Buildings approval.

OUR WORK WILL ALSO INCLUDE

• Obtainment of initial Department of Building's Work Permits.

• Bricolage will submit (with the exception of controlled inspections for underpinning, piles, shoring/sheetpilings
which can be submitted at an additional fee) but not prepare controlled inspections to the Department of
Buildings as part of this contract. Bricolage is not responsible for the cost or responsibility of obtainment
of ANY controlled inspection items.

• Mechanical design limited to the locating of plumbing fixtures, size of soil waste, and plumbing riser
diagrams.

• Procurement of Certificate of Occupancy with the cooperation of designated contractor, provided all work conforms
to approved plans. (The owner must obtain the services of licensed plumber and electrician who will complete the
work to the satisfaction of the Department of Buildings and obtain all required sign-off for plumbing and electrical
work).

Design:
• Provide contract documents.

• Meetings and consultation with your office and other consultants as required.

• Sign and seal drawings and forms as required for filing with the Department of Buildings.

Construction Administration:

• All controlled inspection items shall be performed by a qualified testing laboratory approved by
this office, retained by client.

• Review of test reports and inspection reports.

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 1
718.259.0111
Page 2
Re: 96 Lawrence Avenue
Brooklyn, NY

ARCHITECTURAL SERVICES
$12,500.00 **

Compensation for our services shall be as follows:

Retainer fee due upon signing of this Agreement to begin project - $ 5,000.00

Additional fee due upon Department of Buildings approval and completion of construction drawings -$ 5,000.00

Additional fee due upon obtainment of Certificate of Occupancy - $ 2,500.00

*NOTE: - The above fee does not include expediting engineering drawings for previous filing nor procuring dismissal of
pending violations.

**NOTE: -
If work is required to be done to building in order to procure approval and Certificate of Occupancy (excluding the work
proposed under Meir Lieblich, P.E.’s filing), then the following is agreed upon under this contract:-

If up to and including $5,000.00 worth of work is required to be done, then the owner will absorb this fee & have the required
work performed.

If between $5,000.00 and $10,000 of work is required to be done, then the amount of work in this range above the $5,000 fee will
be deducted from our contract fee listed above.

If any work is required above $10,000.00, then the amount above $10,000.00 would be split between Bricolage Designs and the
owner.

It should be noted that the above stipulates fees and services that are predicated on plans and applications, conforming with regulations
set forth by the Department of Buildings, New York City Zoning Resolution, New York City Building Code, New York City Planning
Commission, New York City Tax Department, Attorney General's Office, and the New York State Energy Conservation Construction
Code, or any other agency or codes, which are included in the architectural services at the time of this agreement. Further,
Bricolage makes no representation and or responsibilities as to any zoning text changes and or zoning district redesignation
which may affect status of building and/or approval.

Bricolage takes no responsibility for errors and/or omissions to surveys and/or borings presented for purposes of designing and/or
altering the building and; the resultant changes to work necessary for the amending and/or correcting of the original design as a result
of said errors and/or omissions.

Bricolage shall not be responsible for any change in building design or for any losses incurred by the owner due to change by the above
mentioned agencies or codes. Bricolage shall be paid an additional fee for any services deemed necessary as a result of any changes in
laws or regulations set forth by the above mentioned agencies or codes.

If the above project is suspended or abandoned in whole or in part after approval of preliminary designs, then Bricolage shall be
compensated for the portion of the total project fee, based on services rendered to date, together with reimbursable expenses then due.

If additional personal service of the architect is made necessary by the delinquency or insolvency of either the owner or the contractor,
or as a result of damage by fire, he shall be equitably paid by the owner for such extra services.

Drawings and specifications as instruments of service are the property of the architect whether the work for which they are made be
executed or not, and are not to be used on other work except by agreement with the architect.

It is further stipulated and agreed that, Bricolage shall be compensated for any and all other additional charges, requested to be
made by the client, after the procurement of design approval, and, for any and all other consultations deemed necessary by the
client after the approval of the FINAL design drawings, according to the “Schedule of Rates” located on the following pages.

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 2
718.259.0111
Page 3
Re: 96 Lawrence Avenue
Brooklyn, NY

NOT IN SCOPE
Bricolage shall not be responsible, have control or be in charge of construction and shall have no responsibility for construction means,
methods, techniques or sequences of procedures for safety of precautions and programs in connection with the work, for the acts or
omissions of the contractor, sub-contractor, or any other person performing any of the work, or for failure of any of them to carry out
the work in strict accordance with the drawings.

• Any and all filing fees to any agency required in process of obtaining approvals.

• Obtainment of exhibits I and exhibits III ( Zoning lot certification and zoning lot declaration) which is
required to obtain approvals from the Department of Buildings (11/06).

• Revisions to our design due to unforeseen or unexposed field conditions.

• Meetings with inspectional authorities at site of any City or State Agencies having jurisdiction and/or involvement
concerning the sign-off or the issuance of the Certificate of Occupancy on site. However, if needed, will meet with
Building Department Construction Inspector.

• Work related to obtaining approval form City agencies (such as the Landmarks Preservation Commission, etc.)
other
than that listed above.

• Obtainment of Demolition, and/or Equipment Use Permits (if required).

• Obtainment of architectural and final surveys, concrete test cylinders and core reports and boring and
percolation tests.

• All Field and/or Controlled Inspections

• Zoning lot certifications or easements (to be obtained by owner, if required).

• Preparation or filing required for any Tax Abatement (if required).

• Any and all Structural engineering plans including underpinning, sheeting, shoring or piles (if required).

• Mechanical engineering drawings design (i.e., electrical, H.V.A.C, sprinkler) other than locating fixtures, size of
soil waste, vent piping, or plumbing riser diagrams.

• Procurement of Asbestos (ACP-5) Form (to be paid by client as an additional fee).

• Any reconsideration required to be granted by the Department of Buildings Borough Commissioners or


Commissioners will be an additional charge.

• Expediting or filing engineering drawings filed by Meir Leiblich, P.E., nor procuring dismissal
of pending violations.

The architectural sets furnished will be submitted to the client as approved by the Department of Buildings, City of New York.
Bricolage shall not be held liable and/or responsible for any and all changes occurring during the construction, and/or
responsible for any and all changes occurring during the construction of the premises not complying with the approved
furnished drawings; and shall be notified in writing, of any and all changes requested by the client after the submittal of
approved set of drawings prior to the actual work.

REIMBURSABLE EXPENSES
Reimbursable expenses shall be billed as shown on the enclosed rate schedule.

TERMS AND CONDITIONS


See enclosed “Terms and Conditions”.

All rates, terms and conditions noted in contract are valid between Bricolage and the client executing contract, only. Bricolage
reserves the right to cancel contract and/or render it null and void upon change in property ownership and/or new client assuming

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 3
718.259.0111
the work. Furthermore, all fees indicated in contract are applicable for up to two years only, after date of execution of same.

Page 4
Re: 96 Lawrence Avenue
Brooklyn, NY

The client agrees to limit the liability of Henry Radusky, Douglas Pulaski, and Bricolage Designs to the client, property owner and
to all contractors, persons or firms, furnishing services, material or labor in connection with this work order, due to negligent acts,
errors or omissions, such that the total aggregate liability of Henry Radusky, Douglas Pulaski, and Bricolage Designs shall not
exceed $1,000,000.

If the above is agreeable to you, please sign a copy of this proposal and return same, together with the initial retainer, to this office.

Please call if there are any questions. We look forward to working with you on this project..

Sincerely,

Henry Radusky, AIA


Managing Partner

ACCEPTED:

By ______________________
Eli Baumwolspeiner

Title ______________________

Date ______________________

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 4
718.259.0111
SCHEDULE OF RATES
For all work done on a Time and Materials basis, the following shall apply:

HOURLY RATES
Principals $325.00 [$450.00]
Senior Associates $225.00 [$380.00]
Associates $175.00
Architects $110.00
CAD Manager $110.00
Assistant CAD Manager $105.00
Senior CAD Operators $100.00
CAD Operators $ 85.00
Field Consultants $125.00
Clerical $ 65.00

NOTE: Hourly rates for legal appearances, such as depositions, court testimony, mediation and arbitration proceedings, or
appearance before governmental administrative boards, are shown in parentheses [ ].

DIRECT AND OUT-OF-POCKET EXPENSES

Mileage $0.405 per mile


CAD Plotting (priced per square foot):

Bond $1.00 per square foot


Vellum $2.50 per square foot
Mylar $5.00 per square foot
Out-of-pocket Expenses Cost
Outside Consultant fees Cost

Premiums for insurance beyond Bricolage Designs standard coverage, when required by client, will be negotiated separately.

From time to time this Schedule of Rates to reflect salary adjustments which regularly occur on each employee’s anniversary.

2.3 The Client will, at its own expense, retain the services of specialty (non-structural) consultants when such services are
requested by the Architect and reasonably required by the scope of the project. The client will provide all tests, inspections and reports
required by law or by the construction Documents.

2.4 The Client represents that Eli Baumwolspeiner is the fee owner of the property on which the Project is to be constructed. The
Client will furnish information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights, within ten (10)
days after receipt of the Architect’s request for same.

2.5 The Client shall require the Project’s contractors manager to procure and maintain such insurance as will protect the
Architect for its services on the Project and to name the Architect as an “additional insured” on and under their liability
policies for the Architect’s benefits.

3.0 ARCHITECT’S COMPENSATION


3.1 The Architect’s fee for the services described in the Scope of Services is an estimate that shall not be exceeded by more than
ten percent (10%) without the written approval of the client. Additional services not described in the Scope of Services will be rendered
by the Architect only upon the client’s written authorization. The fee for any additional services will be computed on the hourly basis
described in this Agreement’s Schedule of Rates and will be paid in addition to, and in the same manner as, the fee for services
described in the Scope of Services. In addition to the fees for all services, the Client will pay reimbursable expenses incurred by the
Architect in connection with the Project. Retainers made upon execution of the Agreement shall be credited against the Architect’s final
invoice Payment of the Architect’s invoices will be made monthly in the amounts corresponding to the services and additional services
completed and are due upon receipt. Amounts unpaid thirty (30) days after the date of such invoice will bear interest at a rate of one
and one-half percent (1-1/2 %) per month. The client shall pay all of the Architect’s costs for the collection of unpaid invoices,
including attorneys’ fee.

4.0 OWNERSHIP OF DOCUMENTS


4.1 All Architect’s drawings, specifications and other documents prepared by the Architect, including those in electronic form
(the “Documents”) are for use solely with respect to this Project, and the Architect is the author and owner of its Documents, retaining
all common law, statutory and other reserved rights, including copyrights. The unauthorized reproduction and use of the Documents by
others for any purposes shall not be permitted. The Client will not use the Documents for future additions or alterations to this Project,
or for other projects, unless it obtains the prior written agreement of the Architect. Any unauthorized use shall be at the Client’s sole
risk and without liability to the Architect.

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 5
718.259.0111
To the Maximum extent permitted by law, the Client will indemnify, defend and hold the Architect harmless from all claims, actions,
judgments, liabilities, damage or expenses, including reasonable attorney’s fees, resulting from or relating to the unauthorized use of
the Documents.

5.0 DISPUTE RESOLUTION


5.1 Any dispute relating to this Agreement shall be subject to arbitration and will proceed to mediation as a condition precedent.
These proceedings will be administered by the American Arbitration Association (“AAA”) in accordance with its Construction Industry
Arbitration Rules currently in effect, and will be held in the AAA tribunal nearest to the project. The parties will share the AAA’s fees
equally, but will be responsible for their respective attorneys’ fees. Pending the resolution of any dispute, the Architect will continue to
perform its Services and the Clients will continue to make payments of all amounts due the Architect.

5.2 A demand for arbitration will be made within a reasonable time after the dispute has arisen, but in no event after the date
when the institution of legal proceedings would be barred by the applicable statute of limitations. No arbitration relating to this
Agreement will include, by consolidation or joiners or in any other manner, an additional person or entity not a party to this Agreement,
except by written consent containing a specific reference to this Agreement and signed by the Client, the Architect, and the person or
entity sought to be joined.

6.0 RISK ALLOCATION AND INDEMNITY


6.1 The Client and the Architect recognize the relative risks and benefits of the Project to both parties. The risks have been
allocated such that the client agrees, to the fullest extent permitted by law, to limit the liability of the Architect to the client for any and
all claims, losses, costs, damages of any nature whatsoever, and claims expenses from any cause or causes arising out of, resulting from
or in any way related to the Architect’s negligent acts, errors or omissions, so that the total aggregate liability of the Architect shall not
exceed that amount of the total compensation paid to the Architect pursuant to this Agreement. It is intended that this limitations
applies to any and all liability or cause of action described herein, regardless of legal theory alleged, unless otherwise prohibited by
law.

6.2 To the maximum extent permitted by law, the Client shall indemnify and hold harmless the Architect against all claims,
actions, judgments, liabilities, losses damages and costs, including reasonable attorneys’ fees and all other costs of defense to which the
Architect may be subjected, or which the Architect may suffer, which were caused in whole or in part by any act, error or omission of
the Client or any of its contractors, or anyone retained by or employed by the Client , in the performance of its work for this Project, of
from the failure to comply with any of the provisions of its contract, or the law. This indemnity shall not apply to the extent that the
Architect’s own negligence caused the damages.

6.3 Neither the Client nor the Architect will have any liability to the other for any punitive, exemplary, incidental or
consequential damages resulting from claims, disputes or other matters relating to this Agreement.

7.0 SUSPENSION AND TERMINATION OF SERVICES


7.1 Agreement may be terminated by either party upon at least ten (10) days’ written notice should the other party fail to
substantially perform the terms of this agreement will be considered its failure to substantially perform, and cause for termination by
the Architect. In the event of the Client’s failure to substantially perform, the Architect may elect to suspend all services until the
Client’s failure is cured and all amounts due prior to the suspension, plus any expenses incurred on account of the interruption and
resumption of services, are fully paid. The Architect will not be liable for any delay or damages resulting from such suspensions of
services.

7.2 If any portion of the Project or the services are stopped or suspended, through no fault of the Architect, for more that thirty
(30) days in the aggregate, the Architect may terminate this Agreement upon ten (10) days’ written notice to Client.

7.3 In the event of any termination by the Client, the Architect will be entitled to compensation for all services performed or furnished, and
reimbursable expenses incurred, through the effect date of the termination. However, if the client terminates this Agreement through no fault of
the Architect, or if it this Agreement is terminated by the Architect, the Architect will be entitled to payment of an additional reasonable sum for
expenses directly attributable to termination.

8.0 MISCELLANEOUS
8.1 If any portion of this Agreement is held as a matter of law to be unenforceable, the remainder of its terms will be enforceable.
Provisions of this Agreement that are intended to survive termination or completion shall continue as enforceable obligations of the
parties.

8.2 This Agreement will be governed by laws of the State of New York.

6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 6
718.259.0111
6321 New Utrecht Avenue Brooklyn, New York 11219 • bd@bricolagedesigns.com • Tel: 718.259.1100 • Fax: 7
718.259.0111

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