ERY Culture, Festival and Exhibit Facility

An “ERY Culture, Festival and Exhibit Facility” is a use, operated by a not-for-profit entity, that comprises changing, non-permanent exhibits, events, expositions, presentations, festivals and fairs related to any or all of the following: visual arts, performing arts, culinary arts, literature, journalism, crafts, fashion and design, or any similar artistic activity. No trade shows shall be permitted unless they are related to one of such activities. Any building in which an ERY Culture, Festival and Exhibit Facility is located may include a moveable portion that may be extended and retracted to cover all or a portion of the Culture Facility Plaza described in Section 93-71, paragraph (j).

ERY High Line

For the purpose of this Chapter, the ERY High Line shall refer to the portion of the High Line between the western street line of Tenth Avenue and the western street line of Eleventh Avenue north of West 30th Street.

High Line

For the purpose of this Chapter, the “High Line” shall refer to the elevated rail line structure located between Gansevoort Street and West 34th Street in the north-south direction, and between Washington Street and Twelfth Avenue in the east-west direction.

High Line bed

The “High Line bed” is the highest level of the horizontal surface (platform) of the elevated rail line structure of the High Line.

High Line Landscape Improvement Deposit

For the purpose of this Chapter, the “High Line Landscape Improvement Deposit” shall be in the amount of $18,214,507 for the ERY High Line and, if the Tenth Avenue Spur is provided as a public access area pursuant to Section 93-71, in the amount of $23,200,228, as adjusted by changes in the construction cost index published by the Engineering News-Record (ENR) for New York City, commencing as of January 2012. Payment of the High Line Landscape Improvement Deposit shall be in the form of cash or other form of immediately available funds. The High Line Landscape Improvement Deposit shall be held by the City, or an instrumentality of the City, as the Chairperson of the City Planning Commission shall designate, and shall be applied exclusively to the improvement for public use of the ERY High Line and, if applicable, the Tenth Avenue Spur.

High Line Maintenance Funding

For the purpose of this Chapter, High Line Maintenance Funding shall mean funding sufficient for the maintenance and ordinary repair of the ERY High Line and, if applicable, the Tenth Avenue Spur, in an amount acceptable to the City, as adjusted on an annual basis.

High Line Rehabilitation Deposit

For the purpose of this Chapter, the High Line Rehabilitation Deposit shall be in the amount of $9,580,763 for the ERY High Line and, if the Tenth Avenue Spur is provided as a public access area pursuant to Section 93-71, in the amount of $12,203,234, as adjusted by changes in the construction cost index published by the ENR for New York City commencing as of January, 2012. Payment of the High Line Rehabilitation Deposit shall be in the form of cash or other form of immediately available funds if plans and specifications for rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur, have been substantially completed as of the time the High Line Rehabilitation Deposit is required, and if such plans and specifications have not been substantially completed at the time the High Line Rehabilitation Deposit is required, in the form of cash or a cash equivalent, such as a letter of credit, in a form acceptable to the City. The High Line Rehabilitation Deposit shall be held by the City, or an instrumentality of the City, as the Chairperson of the City Planning Commission shall designate, and shall be applied exclusively to the rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur.

Hudson Yards District Improvement Fund

The “Hudson Yards District Improvement Fund” (the “Fund”) shall be an account of the Hudson Yards Infrastructure Corporation (the “Corporation”). The Fund shall be owned for all purposes by the Corporation and may be used for any corporate purpose of the Corporation, including its pledge, assignment or sale in furtherance of any financing by the Corporation in support of district improvements in the Hudson Yards Redevelopment Area. The Corporation, as owner for all purposes of the Fund, will manage the Fund in furtherance of the purposes of the Corporation.

Hudson Yards Redevelopment Area

The “Hudson Yards Redevelopment Area” shall be the areas within the Special Hudson Yards District, Subdistrict A-2 of the Special Garment Center District, the 42nd Street Perimeter Area of the Special Clinton District, and the area bounded by the center line of Eleventh Avenue, the northern street line of West 43rd Street, the westerly prolongation of the northern street line of West 43rd Street to the U.S. Pierhead Line, the U.S. Pierhead Line, the westerly prolongation of the southern street line of West 29th Street to the U.S. Pierhead Line, and the southern street line of West 29th Street. However, the area bounded by the westerly side of Eleventh Avenue, the southerly side of West 43rd Street, the westerly side of Twelfth Avenue and the northerly side of West 33rd Street shall not be included in the Hudson Yards Redevelopment Area, except for any portion of such blocks containing a transit easement for subway-related use. Furthermore, the Hudson Yards Redevelopment Area shall not include any underground connections from a subway station to any use located on such excluded blocks or between any such uses.

Phase 2 Hudson Boulevard and Park

The “Phase 2 Hudson Boulevard and Park” is the area within the Special Hudson Yards District bounded on the north by the center line of West 39th Street, on the east by the eastern boundary of the park located between West 38th and West 39th Streets and the eastern street line of Hudson Boulevard East, on the south by the center line of West 36th Street, and on the west by the western street line of Hudson Boulevard West and the western boundary of the park located between West 38th and West 39th Streets, as shown on Map 1 (Special Hudson Yards District, Subdistricts and Subareas) in Appendix A of this Chapter.

Tenth Avenue Spur

For the purpose of this Chapter, the Tenth Avenue Spur shall refer to the portion of the High Line above the intersection of Tenth Avenue and West 30th Street.