CIVIL COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART B RONALD SHARPE, MARYBETH MCKENZIE, Index No. HP 6211/2018. TONY MYSAK, CHARLOTTE PFAHL, and DANIEL SCHNEIDER, Patitioners-Tenants, FOUR ATTORNEY STIPULATION OF SETTLEMENT -against- 517-525 WEST 45 LLC, OFFIR NAIM and SHAI BERNSTEIN, Respondents-Owners, DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, and NEW YORK CITY LOFT BOARD, Respondents-City. IT 1S HEREBY STIPULATED AND AGREED, that this proceeding is settled as follows: 1, Respondents’ motion for summary judgment and Petitioners’ cross- motion for summary judgment are withdrawn... 2. Upon from the execution of this Stipulation, Respondent 517-525 W 5 LLC (‘Owner’) will provide Petitioners with a mechanical key to the entrance (the “ Elevator Entrance”) that accesses the passenger elevator that was installed in 2018 at the building located at 521-525 West 45!" Street, New York, NY (the “Building’), Respondent will provide two copies of such key for each occupant of each of Petitioners’ units (without prejudice to any future occupants of Petitioners’ units, Units(nillad prejudice + Khre hemsces, opin cxgerbon of His Fhpulehin, Resp a provide ame $4ch Hoag tm Petihagers Mag de /Mckensice's ee (Menten Corry) aed ane” suck a he Paitheners Pehl / Sednyicler's "by wlkem (My Ziamer 7 3C and 5C wilt recehee 8, and_Unit 46 will receive 4), aha upon each Petitioner's identification of a licensee (such as a dog-walker, clea “servioe.or the like) and providing suitable identification, shall provide a key for any such licensees. Upon the N}loss ar-failure of any mechanical key, Respondents shall replace such key promptly, at t Petitioners’ cost of $25.00, without imposing any Undue burden of documenting the é Sa loss oF-failure. In the event that a replacement key is not available immediately, Respondents shall keep on premises temporary replacement keys for use in case of emergency. 3. Petitioners acknowledge and consent to waiving any rights to use or have access to the Building's electronic entry system known as “Latch”, or any future replacement thereof, provided that the Petitioners have mechanical key access. 4. Petitioners’ right to a mechanical key to the Elevator Entrance, and all other entrances at the Building, shall be deemed a required service, with respect to Petitioners’ tenancies, pursuant to the New York City Loft Board (the “Loft Board’) regulations. 5. Petitioners consent and acknowledge that the ability to open every Bullding entrance door using a mechanical key that is sufficient, by itself, to open the lock, is a required service pursuant to the Loft Board's regulations. The Latch system or any electronic entry system that replaces Latch in the future is not a required service pursuant to the Loft Board regulations or any other applicable law, provided that the Petitioners have mechanical key access 6. All parties are responsible for their own legal fees incurred in this proceeding. 7. In the event of default by Owner to provide mechanical keys to Petitioners as set forth in paragraph 3, this proceeding may be restored to the Court's calendar by Order to Show Cause, seeking all applicable relief including a finding ofcontempt, and any waiver of the right to seek legal fees in this proceeding by Petitioners shall be null and void, 8. . Respondents’ obligation under this Stipulation to maintain the locks of the Building in a manner that permits each of them to be controlled solely by mechanical keys in the possession of Petitioners, shall survive this Stipulation, and shall be enforceable notwithstanding the amount of time that may pass after the execution of this Stipulation, and notwithstanding any Statute of Limitations 9, For the valuable consideration set forth herein, each party waives and releases the claims it has against the other patty, their agents, successors-in- interest, officers, directors, affiiates, members and managers relating solely to the causes of action raised by Petitioners in this proceeding from the beginning of time through the date of this Agreement, except for the obligations provided in this ‘Agreement and third party claims. Nothing in this agreement shall be construed as a settlement of any other claims by any either party concerning any other claims, including but not limited to, services, repairs, or violations that may. have existed in the Building and/or in any of Petitioners’ lofts, at the time of the Petition or thereafter, that were not the subject of any of the allegations of the Petition, and any claims by Owner against Petitioners. All such claims are expressly reserved. 10. This Stipulation supersedes and revokes all previous negotiations, arrangements, letters of intent, representations, and information conveyed, whether oral or in writing, between Petitioners and Owner or their respective representatives or any other person purporting to represent Petitioners or Owner. 11. Except as otherwise provided in this Stipulation, no subsequent alteration, amendment, change or addition to this Stipulation of Settlement shall be binding upon Petitioners and Owner unless in writing and signed by the party against whom enforcement of the alteration, amendment, change or addition is sought.