=0A-------- Original= Message --------
=0ASubject: FW: Sub basement at 267 Fifth Ave
=0AFr= om: <stephen@transocean.com>
=0ADate: Wed, March 14, 2018 8:02 am
=0ATo: "Chris Sheehan" <= ;csheehan@csdagroup.com>=0ACc: "Charley Peck" <charl= ey@transocean.com>, <dean@= transocean.com>
=0A
=0A

Chris,

I work with Charley and Dean a= t Trans-Ocean. We are pursuing the lease on the space at 267 Fifth Av= e. and received the note below from our Attorney.

He recommended I send on t= o an architect to see if the C of O situation will be a problem with the De= pt of Buildings.

Can you take a look and let us know your thoughts?

Thanks,

Stephen

<= div>

From: Nick Bowers <Nb@nbowerslaw.com>
Sent: Tuesday, March 13, 2018 4:42 PM
To: stephen@transocean.com
Cc: Elizabeth Lappin <elappin@nb= owerslaw.com>; 'Charley Peck' <charley@transocean.com>
Subject: RE: Sub basement = at 267 Fifth Ave

We looked up the addr= ess and there does not appear to be a C of O for the entire building. Seems= like there was one that expired in 2010. That current use on the most rece= nt (expired 2010 temporary C of O) that we see online is a use group = 10 dry goods store, also a commercial occupancy. You should really co= nfirm with an architect if that would be a problem for DOB, or whether they= should have the CO changed to reflect the actual use (as well as the fact = there is an expired 2010 certificate of occupancy). Seems like you could no= t use (without a chance in C of O) a dry goods store zoned space as a gener= al office, showroom, and meeting place without a change to the C of O.

This me= ans essentially that you are using a space that is not allowed or your use = under DOB regulations and you agreed to take that risk on in lease (since l= ease says you have agreed to as much). DOB can place violations, etc.= Again, architect is best to confirm all of this, but this is our general i= mpression from what we see online. We could be wrong here, so don=E2=80=99t= rely on us without speaking with an architect.

Be= st, <= /div>
Nic= k
......= ..................=
The Law Office of Nicholas E. Bowers, PLLC
108 West 39^t=
h Street, Suite 400
New York, New York 10018
t: 212 768 0088
c: 646 = 325 8988
f: 530 325 4098
nb@NBowersLaw.com
www.NBowersLaw.com

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