DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66th Street, 10B New York, New York 10065 Telephone: (212) 517-2052 Telecopier: (212) 517-7779 email: June 30, 2011 VIA EMAIL Paul J. Livigni, Project Site Manager Merrick Real Estate Group, Inc. 2005 Merrick Road, Suite #183 Merrick, NY 11566 Re: Construction at 12-14 East 72nd Street. New York NY Dear Mr. Livigni: I represent the owner (the "Owner") of the premises located at 9 East 71st Street, New York, New York (the "Affected Property") and write in regard to the construction activities taking place under your management at 12-14 East 72nd Street, New York, New York (the "Construction Site"). Please be advised that the incessant jack-hammering taking place at the Construction Site continues to generate excessive levels of noise and vibration and other disturbances at the Affected Property. These excessive levels and disturbances threaten to create extensive physical damage to the structure, improvements and personalty at the Affected Property and are substantially interfering with both the Owner's quality of life and the conduct of his business and personal affairs. In order that you may continue with construction activities at the Construction Site in a manner that will limit any resulting damages that the Owner may incur, the Owner is granting you permission to proceed, at your sole cost and expense, with the preconstruction survey and installation of monitoring systems at the Affected Property, as outlined in your June 29, 2011 email to Mr. Richard Barnett, the building manager at the Affected Property. Please coordinate with Mr. Barnett to schedule the survey and installation. Finally, although the Owner has no wish to impede the progress of permitted and lawful construction activities at the Construction Site, I am sure you are aware that you and all other responsible parties shall be held fully liable for any and all damages the Owner incurs as a result of such activitie