255 West End Avenue Owners Corp.

Amendment 55 Dec 9, 2024

This amendment updates the Apartment Corporation's financial and capital-project information, including a $25.00 per share assessment and a $700,000.00 line of credit for facade work, and updates the unsold-unit holder's figures, board list, and FinCEN reporting notice.

• Apartment Corporation applied for a $700,000.00 line of credit at an anticipated 7.5% interest from National Consumer Bank to help pay the $400,000.00 FISP (Local Law 11) facade project
• $25.00 per share assessment payable in six equal monthly installments commencing November 1, 2024
• Purchase prices for the FGP Unsold Shares are not revised
• FGP unsold units: aggregate monthly maintenance $15,894.80, monthly assessments $7,570.83, monthly tenant rents $4,414.85
• Certified financial statements for the year ended December 31, 2023 added as Document No. 3A; 2025 Budget not available as of submission
• Board of Directors list updated
• FinCEN Geographic Targeting Order described; effective period runs until April 14, 2025, subject to change by FinCEN
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended

Amendment 54 Jan 11, 2024

This Fifty-Fourth Amendment updates the sponsor's unsold-share holdings, the principals of the holder Second FGP LLC, the financial statements and 2024 budget, and adds a FinCEN reporting notice, without revising any purchase prices.

• Unsold shares held by Second FGP LLC: aggregate monthly maintenance including storage is $15,894.80 and monthly tenant rents are $4,343.30
• Purchase prices for the FGP Unsold Shares are not revised
• Vincent A. Accurso added as a principal of Second FGP LLC effective May 4, 2023; Blaine Shaffer removed
• Sarah E. Swartzendruber added as a principal of Second FGP LLC effective June 8, 2023
• Certified financial statements for the year ended December 31, 2022 annexed; 2023 statements not yet issued
• 2024 Apartment Corporation budget annexed as Document No. 3B
• FinCEN Geographic Targeting Order disclosure added; the order's effective period runs through April 18, 2024 as of this amendment
• Plan may not be used after twelve months following the filing date of this amendment unless further amended or extended

Amendment 53 Nov 18, 2022

This amendment updates the sponsor's unsold-share list and carrying costs, annexes 2021 financial statements and a 2023 budget, and revises sponsor principal and address details, while leaving unsold-share prices unchanged.

• Unsold-share list (Document No. 1) updated as of 2/14/2023, showing 6 apartments held by Second FGP LLC
• Aggregate monthly maintenance for FGP's unsold shares, including storage, stated as $15,436.22; monthly rents from FGP-owned apartments stated as $4,262.52
• Purchase prices for FGP's unsold shares not revised
• Certified financial statements for the year ended December 31, 2021 annexed (Document No. 3A)
• 2023 Budget annexed (Document No. 3B)
• Second FGP LLC principal changes: Blaine Shaffer is now the sole remaining principal; address changed to 6300 C Street SW, Cedar Rapids IA 52499
• Plan may not be used after twelve months following the Filing Date of this amendment unless further amended or extended
• FinCEN geographic targeting order described; stated effective period ends April 24, 2023, subject to change

Amendment 52 Oct 14, 2021

This amendment revises the purchase prices of the unsold apartments held by Second FGP LLC, updates their maintenance and rent figures and the holder's address, and attaches the 2020 financial statements and 2021 budget.

• Purchase prices for the FGP Unsold Shares are revised; no new prices are stated in this text
• Aggregate monthly maintenance for FGP Unsold Shares, including storage, is $15,209.56 (Document No. 1 total prints $15,059.56)
• Aggregate monthly rents paid by tenants in FGP-owned apartments is $6,376.13
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• Certified Financial Statements for the year ended December 31, 2020 annexed as Document No. 3A; 2021 Budget annexed as Document No. 3B
• Effective July 1, 2021, NYS transfer tax gross-up for grantee-paid RETT is eliminated
• Second FGP LLC address changed effective August 1, 2021 to 6300 C Street SW, Cedar Rapids IA 52404
• FinCEN Geographic Targeting Order cited as effective until October 31, 2021, subject to change by FinCEN

Amendment 51 Oct 9, 2020

This amendment updates the plan with unsold-share figures, higher New York State transfer and supplemental taxes on larger sales, a settled SCRIE lawsuit, a boiler upgrade project, the 2019 financial statements and 2020 budget, and a limit on how long the plan may be used.

• New York State Transfer Tax raised to $6.50 per $1,000 for purchase prices of $3,000,000 and up (additional tax of $2.50 per $1,000), payable by the purchaser
• Supplemental Tax to Mansion Tax added for purchase prices of $2,000,000 or more, at 0.25% to 2.90% (new total rates of 1.25% to 3.90%), payable by the purchaser
• Additional taxes may increase the typical closing costs disclosed in the plan
• Monthly maintenance charges for FGP's unsold shares are $15,060.46 and monthly tenant rents are $6,321.81
• Purchase prices for FGP's unsold shares are not revised, and FGP is not obligated to sell at any listed price
• Boiler upgrade project begun at an estimated cost of $430,000, with anticipated completion in September 2020
• Lawsuit between FGP and the Apartment Corporation over SCRIE tax credits settled per a Stipulation of Discontinuance dated December 13, 2019
• Plan may not be used after twelve months following the Filing Date of this amendment unless further amended or extended

Amendment 50 Sep 24, 2019

This Fiftieth Amendment updates the buyer disclosures for the apartments that sponsor Second FGP LLC still holds, covering monthly charges and rents, a facade restoration project, the 2018 financial statements with a 2019 budget, a pending lawsuit with the Apartment Corporation, and a FinCEN reporting order.

• Monthly maintenance for FGP Unsold Shares, including storage, stated as $14,912.84; monthly tenant rents stated as $6,213.27
• Purchase prices for FGP Unsold Shares not revised; FGP not obligated to sell at any listed price
• Facade restoration project at approximately $245,123 disclosed
• Certified financial statements for year ended December 31, 2018 annexed, with a projected 2019 Budget
• December 2017 FGP lawsuit against Apartment Corporation over SCRIE tax credits still pending; settlement negotiations underway
• FGP Unsold Shares not pledged to secure loans; FGP may borrow but does not intend to pledge them
• FinCEN Geographic Targeting Order disclosed, effective until November 11, 2019, subject to change
• Plan may not be used after twelve months following the amendment's Filing Date unless further amended or extended

Amendment 49 Oct 3, 2018

This forty-ninth amendment updates the plan with current figures for the sponsor's unsold apartments, a new smoking policy, a tax-law risk warning, a new selling agent and principals, and a pending lawsuit against the cooperative.

• Sotheby's International Realty is now the exclusive selling agent for FGP
• Nicholas A Koluch and Blaine Shaffer added as principals of Second FGP LLC; Thomas J. Schefter no longer a principal effective August 17, 2018
• Purchase prices for FGP Unsold Shares not revised
• Current aggregate monthly maintenance for FGP Unsold Shares is $13,693.89; aggregate monthly rents are $6,341.83
• Smoking policy effective August 1, 2018 bans smoking in common indoor areas, outdoor courtyards, rooftops, balconies, patios, and within 25 feet of the front entrance; a Smoking Policy Disclosure Rider will be added to future purchase agreements
• Warning added that tax information in the plan may be inaccurate because of the Tax Cuts and Jobs Act of 2017; buyers should consult a tax expert
• FGP sued the Apartment Corporation in December 2017 for over $100,000.00 over SCRIE tax credits (Index No. 657473/2017); the action is pending
• Certified financial statements for 2016 and 2017 added, with a projected 2018 budget

Amendment 48 2017

This amendment updates the sponsor's unsold share charges and rents, the building's refinanced mortgage, the flip tax, the sponsor's address and principals, and the 2017 budget, and states that unsold share prices are not revised.

• Purchase prices for the FGP Unsold Shares not revised
• Apartment Corporation mortgage refinanced on or about September 7, 2016 with National Consumer Cooperative Bank: $2,000,000.00 principal, 3.88% per annum, maturing on or about October 1, 2036
• Monthly mortgage payment $11,993.52 (based on a 20-year amortization schedule)
• Mortgage prepayment premium: greater of 1% or yield maintenance, then 1% until the fourth month before maturity, with no premium in the 90 days before maturity
• Flip tax of 1.5% of gross sales price or $30.00 per share, whichever is greater, required as of June 2016 on shareholder transfers (excluding unsold shares)
• FGP unsold shares monthly maintenance charges $13,299.41 including storage; monthly tenant rents $6,431.95
• FGP address now 90 Park Avenue, 28th Floor, New York, NY 10016; Thomas R. Mathes no longer a principal
• 2017 budget annexed as Document 3; 2016 financial statements not yet issued

Amendment 47 Jun 8, 2016

This amendment updates the sponsor's unsold-share list, board roster, financial statements and budget, and several disclosures, and states that unsold-share purchase prices are not revised.

• Sponsor's unsold shares listed in Document No. 1: 6 apartments, 1,817 shares, with current aggregate monthly maintenance of $12,213.67 (including storage) and monthly tenant rents of $6,149.52
• Purchase prices for the unsold shares are not revised, and the sponsor is under no obligation to sell at any price
• Board of Directors members listed, with none designated by or affiliated with the sponsor
• 2015 certified financial statements (Document No. 3A) and 2016 budget (Document No. 3B) annexed
• Steven J. Myers is no longer a principal of FGP
• FinCEN Geographic Targeting Order disclosed, effective through August 27, 2016, subject to change by FinCEN
• Escrow bank branch (Sterling National Bank) changed to 622 Third Avenue, New York, NY 10017
• Plan may not be used after twelve months following the filing date unless further amended or extended

Amendment 46 Jul 16, 2015

The Forty-Sixth Amendment updates the offering plan for the unsold shares held by Second FGP LLC, adds new managers and officers, notes an escrow bank merger, and sets a 12-month limit on using the plan.

• Second FGP LLC's unsold apartments listed in Document No. 1 with aggregate monthly maintenance charges of $12,213.67 and aggregate monthly rents of $6,105.81
• Purchase prices for the unsold shares are not revised in this amendment (Document No. 1 lists $2,405,000 total for 6 apartments)
• Thomas R. Mathes, Thomas J. Schefter, Steven J. Myers and David Feltman listed as current managers and officers of Second FGP LLC; Mary A. Glascock and Mark N. Aloia no longer principals
• Certified financial statements for year ended December 31, 2014 (Document No. 3A) and 2015 budget (Document No. 3B) added
• Escrow bank Hudson Valley Bank merged into Sterling National Bank effective July 1, 2015; escrow account unchanged
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended

Amendment 45 Jul 3, 2014

This Forty-Fifth Amendment revises the purchase prices of seven unsold apartments held by Second FGP LLC, raises the flip tax to $30.00 per share, reports a new $500,000 line of credit, changes the rent collection agent, and attaches updated financial statements and a 2014 budget.

• Purchase prices revised for 7 FGP unsold apartments, totaling $3,155,000 (Document No. 1)
• Flip tax (transfer fee) increased to $30.00 per share for non-unsold-share shareholders
• Line of credit of $500,000.00 obtained May 22, 2014 from National Cooperative Bank, five-year term
• Self-amortizing mortgage matured and fully paid in May 2014
• Rent Collection Agent for Second FGP LLC changed to Fenwick Keats Management
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• 2013 Certified Financial Statement (Document No. 3A) and 2014 budget (Document No. 3B) attached
• Board of Directors membership listed; Chris Ebert is the FGP Representative

Amendment 44 Aug 15, 2013

The amendment updates the sponsor's unsold-share inventory and budget information, changes the rent collection agent, and replaces the escrow procedures for purchase deposits.

• Purchase prices for the FGP Unsold Shares revised (listed in Document No. 1, not in this text)
• Current aggregate monthly maintenance for FGP Unsold Shares is $13,748.78, and current aggregate monthly rents from tenants are $5,753.67
• Rent Collection Agent for Second FGP LLC is now FirstService Residential New York, Inc.
• Escrow Agent is now Cutler Minikes & Adelman LLP, with deposits held in a master escrow account at Hudson Valley Bank
• Procedure to Purchase escrow disclosures replaced; Attorney General no longer adjudicates deposit disputes (applies to purchasers without a fully executed Purchase Agreement before the amendment's service date)
• Purchasers must sign a trilateral Escrow Account Rider and deliver a Form W-9 or W-8
• Certified financial statement for fiscal year ended December 31, 2012 annexed (Document No. 3A), and 2013 budget annexed (Document No. 3B)
• Board of Directors membership listed, with Richard B. Adelman and Mona Agress as FGP representatives

Amendment 43 Aug 10, 2012

This Forty-Third Amendment updates the plan with Second FGP LLC's list of seven unsold apartments and their prices, current maintenance and rent figures, the board roster, 2011 financial statements, the 2012 budget, and a twelve-month limit on using the plan.

• Seven FGP unsold apartments listed with set prices totaling $2,703,000
• FGP under no obligation to sell those apartments at the listed prices
• Aggregate monthly maintenance for FGP unsold shares is $13,103.18 including storage; tenant rents total $6,315.25 per month
• FGP current on all obligations for unsold shares; those shares not pledged to secure loans
• Board of directors list updated; Richard B. Adelman and Ari Moskovitz are FGP representatives
• Certified financial statement for year ended December 31, 2011 and 2012 budget annexed
• List of other New York offerings by FGP affiliates updated
• Plan may not be used after twelve months following the Filing Date unless further amended or extended

Amendment 42 Aug 16, 2011

This Forty-Second Amendment updates the plan with the unsold-apartment list and prices, current maintenance and rent figures, 2010 financials and the 2011 budget, agent contacts, a bed bug disclosure, and a twelve-month limit on using the plan.

• Prices set for 7 unsold apartments, totaling $2,703,000
• Aggregate monthly maintenance on unsold shares: $13,007.55, including storage
• Aggregate monthly tenant rents on unsold-share apartments: $5,333.45
• Certified financial statement for year ended December 31, 2010 added
• 2011 budget added
• Managing agent listed as Synoptic Management Corp.
• Rent collection agent for Second FOP LLC listed as Cooper Square Realty
• Bed bug law disclosure added

Amendment 41 Jun 1, 2010

The amendment updates the Offering Plan for 255 West End Avenue with current information on the seven apartments unsold by Second FGP LLC (their prices, maintenance and rents), its other New York offerings, the board, financial statements and budget, and rent-stabilized tenants' rights under the J-51 tax benefit disclosure, and it limits the Plan's use to twelve months after the Filing Date.

• Prices listed for 7 unsold apartments held by Second FGP LLC, totaling $2,703,000
• Unsold apartments carry aggregate monthly maintenance charges of $12,631.48, including storage, and tenant rents of $7,646.15 per month
• FGP is not obligated to sell the unsold apartments to tenants or others at the listed prices or at any price
• Unsold shares are not pledged to secure FGP loans
• Board of Directors list updated, with Richard B. Adelman and Jeanette Rodriguez as FGP representatives
• Certified financial statement for fiscal year ended December 31, 2008 and 2010 budget annexed
• Disclosure added on J-51 tax benefits and the Roberts v. Tishman Speyer ruling on deregulation of rent-stabilized tenants; J-51 benefits estimated to expire during the July 2015 - June 2016 tax year
• Plan may not be used after twelve months following the Filing Date of this amendment unless further amended or extended

Amendment 40 May 21, 2009

This Fortieth Amendment updates the list and prices of 7 unsold apartments held by Second FGP LLC, raises maintenance charges by $3.00 per share per year starting February 2009, and adds the 2007 financial statements and 2009 budget.

• Seven unsold apartments held by Second FGP LLC listed with prices totaling $2,703,000 (Document No. 1)
• Prices: 10A $438,000; 15A $410,000; 4B $421,000; 5B $428,000; 4C $298,000; 11C $344,000; 14C $364,000
• Second FGP LLC is under no obligation to sell these shares at the listed prices or any other price
• Maintenance charges increased by $3.00 per share per year commencing February 2009
• Current monthly maintenance charges for these shares, including storage, total $11,515.30
• Monthly special assessment of $213.89 is scheduled to end with the April 2009 assessment
• Second FGP LLC's unsold shares are not pledged to secure any loans
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended

Amendment 39 Apr 10, 2008

Updates the plan with current figures for the 7 apartments that holder Second FGP LLC still owns, including their prices, monthly charges, the 2006 financial statements and 2007-2008 budget, and the plan's use deadline.

• Lists 7 unsold apartments held by Second FGP LLC at prices from $298,000 to $438,000, totaling $2,703,000
• Aggregate monthly maintenance for these shares is $11,004.79, special assessments $255.27, and tenant rents $4,959.07
• Maintenance charges increased January 1, 2008, and a December 2007 special assessment was levied for capital improvements; FGP paid its share
• Attaches 2006 certified financial statements and the 2007-2008 budget
• Second FGP LLC is under no obligation to offer its unsold shares to tenants or other buyers, or to accept any offer, at the listed price or any other
• The unsold shares are not pledged to secure loans to the apartment corporation
• Plan may not be used after twelve months from the filing date of this amendment unless further amended or extended
• Updates the list of other New York offerings in which Second FGP LLC or its affiliates hold more than 10% interests

Amendment 38 Mar 28, 2007

This Thirty-Eighth Amendment updates the plan with current figures for the 7 unsold apartments (2,042 shares) held by Second FGP LLC, including their listed prices, monthly charges, and the 2007 maintenance increase.

• Maintenance charges increased $2.50 per share per year effective January 1, 2007
• Listed prices for 7 unsold apartments range from $298,000 to $438,000, totaling $2,703,000
• Unsold shares carry aggregate monthly maintenance of $9,407.15, special assessments of $255.27, and rents of $5,539.00
• Local Law 11 exterior work completed January 2007 at an approximate cost of $240,000.00
• Plan may not be used after twelve months following the Filing Date unless further amended or extended
• Board's special assessment of $1.50 per share per year for hallway renovations, payable for sixty months starting May 2004
• Second FGP LLC is not obligated to sell the unsold shares at the listed prices or to any buyer
• Unsold shares have not been pledged to secure any loans

Amendment 37 Dec 6, 2005

This 37th amendment updates the unsold-share data for the seven apartments held by Second FGP LLC (prices, monthly charges, rents), adds the 2004 audited financials and 2005 budget, and sets a twelve-month limit on using the plan.

• Seven unsold apartments listed with prices: 10A $438,000; 15A $410,000; 48 $421,000; 58 $428,000; 4C $298,000; 11C $344,000; 14C $364,000
• Current aggregate monthly maintenance for FGP unsold shares, including storage, is $8,563.19
• Current aggregate monthly special assessments for FGP unsold shares are $255.27
• Current aggregate monthly rents paid by tenants in FGP-owned apartments are $5,282.62
• Plan may not be used after twelve months following the Filing Date of this amendment unless further amended or extended
• Certified financial statements for the year ended December 31, 2004 and the 2005 budget are added
• Special assessment of $1.50 per share per year for sixty months starting May, 2004 for hallway renovations
• FGP unsold shares are not pledged to secure any loans to FGP

Amendment 36 Oct 28, 2004

The Thirty-Sixth Amendment updates the sponsor's unsold-share list with prices and monthly charges, adds the 2004 budget and 2003 financial statements, sets a $1.50 per share special assessment for hallway renovations, and limits use of the plan to twelve months after filing.

• Second FGP LLC's 7 unsold apartments (24.0 shares) listed at a total purchase price of $2,703,000
• Special assessment of $1.50 per share per year for sixty months starting May, 2004, for hallway renovations
• 2004 budget and certified financial statements for fiscal year ended December 31, 2003 added
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• Unsold shares' aggregate monthly maintenance $7,970.94, special assessments $255.27, and tenant rents $5,185.69
• Unsold shares are not pledged to secure sponsor loans, though the sponsor may borrow and does not intend to pledge them
• List of other New York State offerings by affiliates updated (Document No. 2)

Amendment 35 Oct 7, 2003

This amendment updates the offering plan for 255 West End Avenue with the sponsor's unsold-apartment list and prices, extends the proprietary lease term to September 30, 2087, and limits use of the plan to twelve months after the amendment's filing date.

• Proprietary lease term extended to September 30, 2087
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• Price list for 8 unsold apartments held by Second FGP LLC totals $3,953,000
• Sponsor converted from a corporation to Second FGP LLC, a Delaware limited liability company; its obligations continue
• 2003 budget reflects 18.5% increase in New York City real estate taxes as of January 1, 2003
• Unsold shares not pledged to secure any loans to the sponsor
• Certified financial statements for fiscal year ended December 31, 2002 and 2003 budget annexed
• Sponsor's other New York State offerings and Apartment Corporation directors listed

Amendment 34 Oct 2, 2002

This amendment, filed on behalf of Second FGP, Inc., the holder of unsold shares, updates the unsold-share list, prices, and maintenance and rent figures, adds a one-time special assessment, and sets a twelve-month limit on using the plan.

• One-time special assessment of $3.607 per share approved July 24, 2002, payable in three monthly installments in October, November and December
• Current purchase prices listed for 8 unsold FGP apartments, totaling $3,953,000 (Document No. 1)
• Aggregate monthly maintenance for FGP unsold shares is $9,011.31; aggregate monthly rents are $4,972.28
• Disputed open charges: $2,195.86 claimed by the Apartment Corporation and $2,689.59 claimed back by FGP as paid under protest; FGP disputes them
• Apartments 3C and 3D combined into one apartment
• Board of Directors membership updated, with FGP representatives identified
• 2001 certified financial statement and 2002 budget annexed
• Plan may not be used after twelve months from the filing date of this amendment unless further amended or extended

Amendment 33 Aug 23, 2001

Second FGP, Inc., holder of the unsold shares, updates the plan with current maintenance, rent, purchase prices, deficit funding, board roster, and financial statements, and limits use of the plan to twelve months after the filing date.

• Current aggregate monthly maintenance for the FGP Unsold Shares is $9,309.28 plus $110.83 in storage fees
• Current aggregate monthly rents paid by tenants in FGP-owned apartments are $4,812.00
• Purchase prices for the FGP Unsold Shares are listed in Document No. 1 (total $3,597,000 for 10 apartments)
• Open maintenance charges and late fees disputed by FGP: $2,245.88 claimed by the Apartment Corporation and $2,639.57 claimed back by FGP as paid under protest
• Deficits to be funded from excess sale proceeds and cash flow, then from FGP cash contributions if needed
• FGP Unsold Shares are not pledged to secure any loans to FGP
• Board of Directors roster updated, with Richard B. Adelman as FGP Representative
• Certified financial statement for fiscal year ended December 31, 2000 annexed; the 2001 budget has not been adopted by the Board

Amendment 32 Jul 18, 2001

This amendment changes the purchase price of Apartment 20 to $325,000.00 and otherwise confirms the existing Plan, with no other material changes to the FGP Unsold Shares.

• Purchase price for Apartment 20 changed to $325,000.00
• No other material changes to the Offering Plan regarding the FGP Unsold Shares

Amendment 31 Aug 24, 2000

Updates the unsold-share holder's (Second FGP, Inc.) apartment prices and charges, discloses disputed maintenance and late-fee claims, adds 1999 financial statements and the 2000 budget, updates the board and an officer, and limits use of the plan to twelve months after the filing date.

• Prices set for the 14 apartments FGP holds (Document No. 1), totaling $5,010,000
• Current aggregate monthly maintenance for FGP unsold shares is $13,058.03, plus $110.83 in storage fees
• Current aggregate monthly rents paid by tenants in FGP-owned apartments are $14,113.66
• Disputed charges: Apartment Corporation claims $2,611.78 (as of June 1, 2000); FGP claims back $2,273.67 paid under protest at an apartment closing
• Certified financial statement for fiscal year ended December 31, 1999 and 2000 budget added (Document No. 3)
• Board of Directors list updated (Gordon Hough, President)
• Thomas R. Mathes replaced Enda J. Bracken as an FGP officer in October 1999
• Plan may not be used after twelve months following the filing date unless further amended or extended

Amendment 30 Sep 2, 1999

This amendment, presented for the holder of the unsold shares, Second FGP, Inc., changes the purchase prices of its unsold apartments, moves its closing counsel and escrow to Cutler Minikes & Adelman LLP, adds a building elevator special assessment, and adds new lead-paint and rent-rights disclosures.

• Purchase prices for FGP Unsold Shares changed, as set forth in Document No. 1
• Closing attorney changed to Cutler Minikes & Adelman LLP; deposits on new contracts go into an IOLA escrow account
• Elevator upgrade special assessment of approximately $148,000; work anticipated to commence August 1999
• Disputed charges: $3,532.29 claimed by the Apartment Corporation as of August 1, 1999; $1,366.62 paid by FGP under protest
• New contract form adds lead-based paint disclosure, with a contingency until the tenth calendar day after countersigned contract is returned
• New General Business Law Section 352-L rules let the Apartment Corporation collect rent from tenants of non-occupying owners who default
• FGP Unsold Shares have not been pledged to secure any loans to FGP; board list updated and 1998 financial statements with 1999 budget attached
• Plan may not be used after twelve months following the Filing Date of this Amendment

Amendment 29 Dec 16, 1998

Sets purchase prices for 16 unsold apartments held by Second FGP, Inc., as listed in Document No. 1, and states there are no other material changes to the plan for those shares.

• Purchase prices set for 16 FGP unsold apartments (Document No. 1)
• Total price of the 16 listed apartments: $5,681,000
• Monthly maintenance charges shown per apartment at $3.3110 per share; table info as of 12/01/98

Amendment 28 Sep 29, 1998

This Twenty-Eighth Amendment updates the plan's unsold-share charges, disputed arrears, board list, financial statements, budget and related-property disclosures, and limits how long the plan may be used.

• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• Monthly maintenance on the unsold shares is $14,207.50, plus $76.40 in storage fees, as of 08/24/98
• Monthly rents paid by tenants in apartments owned by Second FGP, Inc. total $17,072.74
• Disputed old maintenance and late fees of $4,660.16 (as of July 20, 1998) are claimed by the Apartment Corporation and disputed by the holder
• 1997 certified financial statement annexed as Document No. 3A and 1998 budget annexed as Document No. 3B
• Apartment Corporation board of directors list updated; Debra Sabatino is the FP Representative
• List of other New York State properties in which affiliates hold more than 10% updated (Document No. 2)
• Unsold shares are not pledged to secure loans; deficits funded from sale proceeds, cash flow, or holder contributions

Amendment 27 Sep 10, 1997

This 27th amendment, filed for Second FOP, Inc. as holder of the unsold shares, updates the unsold-apartment list and prices, monthly charges, board members, and the 1996 financial statements, and sets a twelve-month limit on using the plan.

• Unsold apartments listed in Document No. 1 with prices, for example 3A at $323,000 and 8A at $350,000, as of 08/01/97
• Monthly maintenance on the unsold shares is $15,187.54, plus $76.40 in storage fees
• Monthly rents paid by tenants in the FOP-owned apartments are $16,498.99
• Second FOP, Inc. states it is current on all financial obligations for the unsold shares
• The unsold shares are not pledged to secure any FOP loans, though FOP may borrow and does not intend to pledge them
• Apartment Corporation board of directors list updated, with Mark Troy as President
• Certified financial statements for the fiscal year ended December 31, 1996 annexed as Document No. 3
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended

Amendment 26 Jan 24, 1997

This amendment sets the purchase prices for 18 unsold apartments held by Second FGP, Inc., as listed in Document No. 1, and states there are no other material changes for those shares.

• Purchase prices set for 18 unsold apartments listed in Document No. 1
• Total price of the 18 listed apartments: $4,114,000
• No other material changes to the Offering Plan for the FGP Unsold Shares

Amendment 25 Aug 21, 1996

This Twenty-Fifth Amendment, presented by Second FGP, Inc. as holder of the unsold shares, updates the unsold-share list, charges, and affiliate disclosures, and changes the rent collection and selling agents to Goodstein companies.

• Unsold shares: 19 apartments listed, with prices totaling $3,412,000 (information as of 07/17/96)
• FGP's monthly maintenance for its unsold shares is $17,096.36 plus $87.60 in storage fees; tenant rents in those apartments total $19,463.16 per month
• Rent collection agent changed to Goodstein Management, Inc.
• Selling agent changed to Goodstein Equities, Inc., 211 East 46th Street, New York, NY 10017
• FGP's unsold shares have not been pledged to secure loans, and FGP does not intend to pledge them
• Affiliate history added: Third FGP, Inc. filed for bankruptcy on April 29, 1993, and paid all outstanding charges on May 26, 1994
• Plan may not be used after twelve months following the filing date of this amendment unless further amended or extended
• Managing agent is Jordon Cooper & Associates Inc.; directors list and FGP principal officers updated

Amendment 24 Apr 9, 1996

This amendment lists purchase prices for 19 unsold shares held by Second FGP, Inc. (Document No. 1), with their monthly maintenance charges per share, and states that there are no other material changes to the plan for those shares.

• Purchase prices listed for 19 FOP unsold shares (Document No. 1)
• Listed prices range from $132,000 to $237,000, totaling $3,412,000
• Monthly maintenance charges per share listed, from $639.60 to $1,166.64
• No other material changes to the Offering Plan for the FOP unsold shares except as stated in this amendment

Amendment 23 Jul 18, 1995

Second FOP, Inc., holder of the unsold shares, updates the plan with its current maintenance and rent figures, moves buyer deposits into a Cutler & Fish escrow account, and limits use of the plan to twelve months after the Filing Date unless it is amended or extended.

• Buyer deposits for FOP unsold-share contracts go into a Cutler & Fish IOLA escrow account at Chemical Bank within five business days after the agreement is signed
• Cutler & Fish, 708 Third Avenue, New York, NY 10017, now represents FOP in sales and closings
• FOP's current aggregate monthly maintenance is $17,096.36 plus $87.60 in storage fees; tenant rents in FOP-owned units total $16,567.29 monthly
• Plan may not be used after twelve months following the Filing Date of this Amendment unless further amended or extended
• Discloses that affiliate Third FOP, Inc. fell behind on Clinton Avenue maintenance, filed bankruptcy on April 29, 1993, and transferred its apartments on May 26, 1994 after arrears were paid
• Lists FOP's principal officers and the Apartment Corporation's board of directors
• Certified financial statement for fiscal year ended December 31, 1994 attached as Document No. 3
• FOP has not pledged its unsold shares to secure loans; any deficits are funded from sale proceeds, cash flow, or FOP contributions

Amendment 22 Jun 22, 1994

This amendment updates the plan with a 1994 mortgage refinancing, a resale transfer fee, unsold-share details held by Second FGP, Inc., recent capital work, and the plan's usable period.

• Apartment Corporation refinanced its mortgage on April 25, 1994: a new $1,600,000.00 first mortgage from Morgan Guaranty Trust Company of New York replaces the Republic Bank for Savings mortgage
• New mortgage runs 20 years, maturing May 1, 2014, at 8.125% per annum, with a monthly principal and interest payment of $13,507.78
• Resale transfer fee of $10.00 per share imposed, not applying to transfers by FGP or other unsold-share holders
• Second FGP, Inc. holds 19 unsold apartments (5,293 shares) with monthly maintenance of $17,096.36 plus $87.60 in storage fees and monthly tenant rents of $15,184.74
• Capital improvements completed: new roof, lintels on the west facade as necessary, and some pointing work to the building exterior
• Certified financial statement for the fiscal year ended December 31, 1993 annexed
• Board of directors listed, including two FGP representatives (Gayle Gagne and Mary A. Glascock)
• Plan may not be used after twelve months following the Filing Date of this amendment unless further amended or extended

Amendment 21 Jan 24, 1994

This amendment updates the plan for the apartments that Second FGP, Inc. holds unsold, changing its escrow agent, selling agent, and contract form, adding a water tank special assessment, and setting a six-month limit on using the plan.

• Deposits on FGP unit sales go into an IOLA escrow account of Alex S. Avitabile, P.C., 188 Montague Street, Brooklyn, NY 11201, within five business days of signing
• Mark Greenberg Real Estate Co., Inc., 8 Haven Avenue, Port Washington, NY 11050, named as FGP's selling and rent collection agent
• New form of Contract of Sale (Document No. 3A) and Occupied Apartment Rider (Document No. 3B) for occupied units
• Alex S. Avitabile, P.C. to represent FGP in the sale and closing of individual units
• Special assessment of $1.80 per share for water tank replacement, payable in four monthly installments of $0.45 per share beginning November 1993
• Plan may not be used after six months following the Filing Date of this Amendment unless further amended or extended
• FGP's unsold shares: monthly maintenance $17,096.36 and monthly rents $15,173.90
• Certified financial statements for fiscal years ended December 31, 1991 and December 31, 1992 annexed

Amendment 20 May 15, 1992

This amendment updates the offering plan for 255 West End Avenue with figures on the 19 unsold apartments held by Second FGP, Inc., current maintenance charges, the downpayment escrow arrangements, and annexed financial statements and budget.

• Second FGP, Inc. holds 5,293 shares allocated to 19 Unsold Apartments, none pledged as collateral
• Aggregate monthly maintenance on the FGP Unsold Apartments is $14,767.47 and aggregate monthly rent received is $9,077.53, as of May 1, 1992
• Current maintenance charges are $33.48 per share per annum ($2.79 per share per month)
• Downpayments on Unsold Apartments are to be deposited in the attorney escrow account of Carb, Luria, Glassner, Cook & Kufeld at The Bank of New York, superseding paragraph 30 of the Contract of Sale from the Nineteenth Amendment
• Tenant rent is redirected to the Apartment Corporation if maintenance is more than thirty (30) days late, under GBL Section 352-e(2-d)
• Certified financial statement for January 1, 1990 to December 31, 1990 and the 1992 budget are annexed; the 1991 statement will follow in a later amendment
• William Rieth and Marc Katz, the only sponsor-affiliated Board members, are employees of Mark Greenberg Real Estate Co., Inc.

Amendment 19 Feb 15, 1991

Second FGP, Inc. became the holder of 19 unsold apartments at 255 West End Avenue after taking over 5,293 shares from the sponsor's affiliate on October 15, 1990, and the amendment sets out its finances, escrow arrangements and the plan's usable period.

• Second FGP, Inc. became holder of 19 unsold apartments (5,293 shares) on October 15, 1990, acquired from Cooperative Equities Group IV
• Shares and apartments were conveyed to satisfy a defaulted loan with Friesch-Groningsche Hypotheekbank Realty Credit Corporation
• Current aggregate monthly maintenance $14,039.17; aggregate monthly rent $10,818.19
• New holder does not assume the sponsor's guarantees or other obligations
• Mark Greenberg Real Estate Co., Inc. named managing and selling agent
• Purchaser deposits to be held in escrow at European American Bank; account not yet established
• Plan may be used for six (6) months from the filing date of this amendment; extension requires a duly filed amendment

Amendment 18 Jun 1, 1990

This amendment discloses that the Sponsor is behind on interest and principal payments on two loans secured by its unsold shares, agrees to transfer some of those shares to FGH Realty Credit Corp., and notes that the 1989 certified financial statement and 1990 operating budget have not yet been received.

• Sponsor agreed to transfer unsold shares securing its FGH Realty Credit Corp. loan to FGH or its designees; Sponsor is in arrears of interest to FGH
• Sponsor is in arrears on interest and principal to Donald Fleishaker on a loan secured by unsold shares; unpaid balance approximately $262,500.00 as of June 30, 1990; loan maturity date July 1, 1990
• Sponsor's monthly maintenance on unsold shares approximately $14,313.84 and monthly rental income approximately $11,284.23 as of May 31, 1990
• Sponsor owns more than 10% of the shares; exhibits list unsold share allocations and buildings with loans (Exhibit D)
• 1989 certified financial statement and 1990 operating budget not yet received; Plan will be further amended when received
• Sponsor states it is current in monthly maintenance payments and other obligations to the Apartment Corporation
• Sponsor states it is not and never has been in control of the Board of Directors
• No other material changes to the Plan

Amendment 17 Mar 27, 1990

This amendment updates the financial status of the unsold shares: the holder of unsold shares is in arrears on two loans secured by those shares, and the sponsor's principal has loan arrears of over $100 million, with rescission rights for buyers who signed before receiving it.

• Holder of Unsold Shares in arrears of interest on FGH Realty Credit Corp. loan, with unpaid balance of approximately $7.300.000 as of February 28, 1990
• FGH loan matures September 28, 1994 and may be accelerated at any time; no monthly interest paid since November 1, 1990
• Holder of Unsold Shares in arrears of interest and principal on Donald Fleishaker loan, with unpaid balance of approximately $262,500.00 as of February 28, 1990
• Sponsor and/or holder current on maintenance of $12.226.12 to the Apartment Corporation as of February 28, 1990
• Monthly rental income to the Sponsor and/or holder of approximately $11.151.63
• Mr. Greenburger in arrears of interest on loans totalling in excess of $100 million and negotiating modifications; Schedule B lists related unsold share loans
• Buyers who signed before receiving this amendment may rescind within 15 days by notifying the Sponsor in writing
• Shares securing part of the FGH loan are 11.04% of the total collateral; Exhibit A lists the other buildings

Amendment 16 1989

The amendment discloses an adverse change in sponsor principal Francis Greenburger's finances, including pledged collateral and reduced liquidity and net worth, and updates his net worth statement while confirming that the sponsor's maintenance and reserve obligations are current.

• Francis Greenburger's liquidity and overall net worth reduced by lower collateral values and loan amortization and maturity requirements
• Greenburger is attempting to refinance or negotiate modifications to reduce required fixed loan payments
• Unsold shares owned by Greenburger in this and other buildings are pledged as collateral for his and his affiliates' loans
• Greenburger owns or controls 5,548 of the 16,197 total shares
• Greenburger's net worth statement updated; text says the minimum net worth stated in prior filings remains accurate
• Sponsor's maintenance, reserve fund and working capital payments are current, and the Apartment Corporation's financial condition is not affected
• Philip J. Rudd remains a general partner of the Sponsor pending closing of a settlement agreement disclosed in the fifteenth amendment; this amendment does not address his finances
• Buyers who signed before receiving this amendment may rescind within 15 days of presentation, with deposits returned

Amendment 15 Jul 19, 1989

The amendment attaches the 1988 certified financial statements and the 1989 operating budget, lists the 20 apartments whose unsold shares the Sponsor still holds, and discloses a settled dispute between two Sponsor partners.

• Sponsor still holds unsold shares for 20 apartments, listed with share counts (e.g., 3a: 296 shares)
• Sponsor represents 14.3% of the Board of Directors of the Apartment Corporation
• 1988 certified financial statements attached
• 1989 operating budget appears as Exhibit E in the financial statements
• Settlement agreement signed July 20, 1988, between Francis Greenburger and Philip Rudd ends all State, Federal and arbitration proceedings
• Rudd receives a sum of money, full ownership of specified properties, certain mortgage receivables, and withdraws from partnerships owning the remaining buildings
• Greenburger remains Managing General Partner of the Sponsor; Rudd's withdrawal stated to have no material effect on the Sponsor's ability to meet Plan obligations

Amendment 14 May 2, 1988

The amendment extends the Plan's term by one year, discloses a dispute involving the Sponsor's managing partner, lists the Sponsor's unsold apartments, and adds financial statements and an asbestos report addendum.

• Plan term extended one additional year from the date of acceptance of this amendment; not an extension of any tenant-in-occupancy exclusive purchase period
• Disclosed ongoing dispute between Sponsor's Managing General Partner Francis Greenburger and partner Philip Rudd, including pending court and arbitration proceedings
• Sponsor represents the pending proceedings will not affect purchasers and that it will meet its Plan obligations
• Sponsor holds unsold shares for 21 listed apartments, with share counts for each shown in the table
• Sponsor currently represents 20% of the Board of Directors
• 1986 and 1987 Certified Financial Statements added as Exhibit A
• Addendum to Asbestos Assessment Report added as Exhibit B

Amendment 13 May 7, 1987

The Thirteenth Amendment attaches an asbestos assessment study of the building and reports that a court ruling struck down the sponsor's required asbestos work and escrow obligations under the emergency regulation.

• Adds the Hall-Kimbrell asbestos assessment study for 255 West End Avenue, dated April 30, 1987
• Voids the Sponsor's commitments to perform asbestos work or escrow money under the emergency regulation, per the Twelfth Amendment
• Court judgment of October 17, 1986 invalidated the asbestos work and escrow obligations; the Appellate Division affirmed on February 12, 1987
• The balance of the asbestos regulation was upheld
• States no other material changes to the Plan

Amendment 12 Aug 22, 1986

This amendment discloses that the building likely contains asbestos-containing material, promises a later expert report, and attaches the 1985 certified financial statement.

• Disclosure that asbestos-containing material is likely present in fireproofing and in insulation on pipes and the boiler
• Sponsor to pay for an expert asbestos report, with a copy to be filed in a later amendment not later than Feburary 8, 1987
• Board of Directors decides whether to act on the report; any work it chooses is paid by the Apartment Corporation, which must also monitor remaining asbestos
• Prospective purchasers may delay their apartment closing until thirty (30) days after the report amendment is distributed to them
• 1985 Certified Financial Statement for the Apartment Corporation attached

Amendment 11 Dec 3, 1985

This Eleventh Amendment extends the offering plan's term by six months, lists 21 apartments whose shares the Sponsor still holds, and states that the Sponsor represents 20% of the Board of Directors.

• Offering plan term extended by an additional six (6) months from acceptance of this amendment
• Sponsor holds unsold shares in 21 apartments, listed with share counts (e.g., 3A: 296 shares, 4A: 301 shares)
• Sponsor represents 20% of the Board of Directors of the Apartment Corporation
• Not an extension of any exclusive purchase period for tenants-in-occupancy
• No other material changes to the plan

Amendment 10 Jul 3, 1985

This Tenth Amendment lists 21 unsold apartments whose shares the Sponsor still holds, states that the Sponsor represents 20% of the Board of Directors, and annexes the 1984 Certified Financial Statement.

• Sponsor still holds shares for 21 unsold apartments, listed with share counts (e.g., 3A: 296 shares, 2D: 205 shares)
• Sponsor represents 20% of the Board of Directors of the Apartment Corporation
• Certified Financial Statement for 1984 for the Apartment Corporation annexed
• No other material changes to the Plan

Amendment 9 Feb 1, 1985

This Ninth Amendment extends the offering plan's term by six months, lists unsold apartments whose shares the Sponsor holds, and says the latest certified financial statement and operating budget will come in a future amendment.

• Offering plan term extended six months from the date of acceptance of this amendment
• Sponsor holds the shares for the unsold apartments listed in the amendment's table
• Most recent certified financial statement and operating budget to be included in the next amendment

Amendment 8 Sep 13, 1984

This Eighth Amendment declares the offering plan closed and reports the final closing figures, including the reserve fund, working capital fund, purchase money mortgage, and estimated tax basis, along with the apartments that have closed since the Cooperative Closing.

• Plan declared closed
• Reserve Fund of $119,500.00 deposited at Closing into a Chemical Bank account
• Working Capital Fund of $155,500.00: $105,500.00 paid at Closing; Sponsor promissory note of $50,000.00, interest-free, due two (2) years from the Closing Date
• Apartment Corporation acquired the Property subject to a purchase money mortgage of $800,000.00
• Apartment Corporation's Tax Basis at Closing estimated at $3,057,800.00; Final Tax Basis to be calculated by the Accountant and reported to stockholders
• Unsold shares held by the Sponsor on the Closing Date listed as '265'
• Apartments closed since the Cooperative Closing: 23, 13D, 3B, 5A, 8C, 13B, 8D, 4D, 13C, 12C, 10D, 6B, ID, 6A, 6C, 6D, SD, 14D and 1A

Amendment 7 May 11, 1984

This amendment declares the offering plan effective because 12 of 58 apartments (20.7%) have been sold, above the 15% minimum for this non-eviction plan, and closings are held until the Department of Law accepts the amendment.

• Plan declared effective by notice to tenants and purchasers dated May 10, 1984
• 12 of 58 apartments sold (20.7%): 8 to tenants in occupancy, 4 to outside purchasers of vacant apartments
• No apartments occupied by non-purchasing tenants have been sold
• No closing of title until this amendment is accepted for filing by the Department of Law
• Subscriber list added as Exhibit A, with subscription agreement status for each buyer

Amendment 6 Mar 27, 1984

The amendment converts the plan from an eviction plan to a non-eviction plan, lowers the 30-day tenant purchase price, adds sponsor buy-out and financing offers, and loosens Proprietary Lease rules on occupants and home use.

• Plan changed from an eviction plan to a non-eviction plan; tenants who do not buy will not be evicted because of the conversion
• Cash price for tenants in occupancy set at $245.00 per share for 30 days, then reverts to $350.00 per share
• Sponsor agrees to buy out tenants in occupancy who wish to sell, at a negotiated price, within 30 days
• Tenants in occupancy may assign their Subscription Agreements, with sponsor permission and an assignee affidavit
• Proprietary Lease Section 14 amended to allow one unrelated party and that party's dependent children to occupy the apartment
• Professional and permitted home occupation use of apartments allowed
• Sponsor secondary financing of 10% of purchase price for tenants in occupancy who buy within 30 days, for 3 years, interest only at 13 1/2%
• Working Capital Fund and Reserve Fund total $275,000.00, with $119,500.00 Reserve Fund paid at closing

Amendment 5 Feb 14, 1984

This amendment lowers the price of one vacant apartment, PHC, from $137,500 to $132,500 and states that there are no other material changes to the plan.

Amendment 4 Jan 6, 1984

This Fourth Amendment raises the price for non-occupant purchasers of one unsold apartment, No. lS-C, from $108,500.00 to $lJ7,SOO.OO as printed (OCR-garbled; the text does not clearly state the figure).

Amendment 3 Nov 21, 1983

The Sponsor offers to buy the leasehold interests of tenants in occupancy who want to sell, at $43.99 per share, with the offer expiring 30 days after the amendment is presented.

• Sponsor offers to buy leasehold interests of tenants in occupancy who wish to sell
• Price of $43.99 per share paid to tenant upon surrender of possession
• Tenant must surrender possession within 30 days of signing the agreement
• Interested tenants must notify Sponsor in writing within 30 days after presentation of this amendment
• Tenant must enter into a leasehold purchase agreement with Sponsor within 15 days after notice
• Sponsor's offer expires 30 days after presentation of this amendment

Amendment 2 Aug 22, 1983

The amendment changes the non-occupant purchase prices of two unsold apartments, 12A and 12C.

• Non-occupant purchase price of Apartment 12A set at $165,000
• Non-occupant purchase price of Apartment 12C set at $129,500

Amendment 1 Jul 11, 1983

This amendment adds an engineer's report on the current condition of the building's front masonry facade, with recommended repairs, to the offering plan.

• Adds Jerome Merzon, P.E.'s report on the front masonry facade at 255 West End Avenue (as referenced on page 85 of the Offering Plan)
• Report responds to comments from Richard Diamond, P.E., the engineer retained by the Tenants' Association
• Report identifies two items as potentially hazardous conditions: a missing terra cotta dental section and a cracked, open jamb at the 13th floor windows
• Report recommends joint caulking, repointing, and crack repair across the terra cotta and parapet areas
• Repair work by Time Equities, Inc. was scheduled to begin on or about June 27, 1983