EX-13 4 exh13b.htm EXHIBIT 13B

[Wien & Malkin LLP Letterhead]

 

 

 

 

 

November 30, 2003

 

TO PARTICIPANTS IN 250 WEST 57th ST. ASSOCIATES L.L.C. ("Associates"):

We enclose the operating report of the lessee, Fisk Building Associates L.L.C., for the fiscal year of the lease ended September 30, 2003. The lessee reported profit of $5,458,830 subject to additional rent for the lease year ended September 30, 2003, as against profit of $3,088,058 subject to additional rent for the lease year ended September 30, 2002. Additional rent for the lease year ended September 30, 2003 was $3,082,160; $752,000 was advanced against additional rent so that the balance of additional rent is $2,330,160.

Wien & Malkin LLP receives an additional payment for supervisory services of 10% of distributions in excess of 15% per annum on the original cash investment of $3,600,000. After reserving $20,000 for advances by Associates for payment of New York State 2004 estimated tax for non-resident individual investors and deducting $500 for the annual New York State LLC filing fees, $2,332,915 is available for distribution. Accordingly, Wien & Malkin LLP received $233,292 of the additional rent and the balance of $2,099,623 is being distributed to the participants. A check for your share of the additional distribution and the computation of the additional payment to Wien & Malkin LLP and distribution are enclosed.

The additional distribution of $2,099,623 represents a return of about 58.3% on the original cash investment of $3,600,000. Regular monthly distributions are at the rate of 20% a year, so that distributions for the lease year ended September 30, 2003 were about 78.3% per annum.

If you have any question about the enclosed material, please communicate with the undersigned.

Cordially yours,

WIEN & MALKIN LLP

By: Mark Labell

ML/fm

Encs.

 

 

 

250 West 57th St. Associates L.L.C.

Computation of Additional Payment for

Supervisory Services and Distribution

For the Lease Year Ended September 30, 2003

Secondary additional rent

$ 2,330,160

Primary additional rent for the lease year ended September 30, 2003

752,000

3,082,160

Add:

Additional in connection with interest earned on excess mortgage proceeds

23,255

3,105,415

Less:

Reserve for advances by Associates for payment of 2004 New York State estimated tax for non-resident individual investors

$ 20,000

NYS 2004 LLC filing fee

500

20,500

3,084,915

Less:

Additional basic payment to Wien & Malkin LLP from primary overage rent

12,000

Total rent to be distributed

3,072,915

Less:

15% return on $3,600,000 investment

540,000

Subject to additional payment at 10% to Wien & Malkin LLP

$ 2,532,915

Additional payment at 10%

$ 253,292

Paid to Wien & Malkin LLP as advance for additional rent

20,000

Balance of additional payment to Wien & Malkin LLP

$ 233,292

Summary:

Additional distribution to participants

$ 2,099,623

Payment to Wien & Malkin LLP, as above

233,292

Total secondary additional rent available for distribution

to participants and payment to Wien & Malkin LLP

$ 2,332,915

 

 

 

 

 

Anchin, Block & Anchin LLP Accountants and Consultants

1375 Broadway

New York, New York 10018 (212) 840-3456

FAX (212) 840-7066

ACCOUNTANTS' COMPILATION REPORT

TO THE MEMBERS OF

FISK BUILDING ASSOCIATES L.L.C.:

 

We have compiled the accompanying special-purpose statement of income and expense of Fisk Building Associates L.L.C. (a limited liability company) ("Associates") for the lease year ended September 30, 2003 in accordance with standards established by the American Institute of Certified Public Accountants.

A compilation is limited to presenting information that is the representation of management. We have not audited or reviewed the accompanying special-purpose statement and, accordingly, do not express an opinion or any other form of assurance on it.

The accompanying special-purpose statement of income and expense was prepared for the determination of additional rent due to 250 West 57th St. Associates L.L.C. in accordance with paragraph 2(B) of the lease, as modified, between Associates and 250 West 57th St. Associates L.L.C, and is not intended to be a presentation in conformity with generally accepted accounting principles..

This report is intended solely for the information and use of the managements of Associates and 250 West 57th St. Associates L.L.C., and should not be used for any other purpose.

Anchin, Block & Anchin LLP

 

New York, New York November 5, 2003

Fisk Building Associates L.L.C.

 

Special Purpose Statement of Income and Expense

 

October 1, 2002 through September 30, 2003

 

Income:

 

 

 

 

 

 

 

 

 

 

Rent income

 

 

 

$

12,428,572

 

 

 

 

 

Escalation rent income

 

 

 

1,285,643

 

 

 

 

 

Net electric income

 

 

 

601,628

 

 

 

 

 

Other income

 

 

 

266,978

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Income

 

 

 

 

 

 

$

14,582,821

 

 

 

 

 

 

 

 

 

 

 

 

Expenses:

 

 

 

 

 

 

 

 

 

 

Real estate taxes

 

 

 

2,467,128

 

 

 

 

 

Labor costs

 

 

 

 

2,448,658

 

 

 

 

 

Repairs, supplies and improvements

 

 

1,541,500

 

 

 

 

 

Management and leasing

 

 

 

547,793

 

 

 

 

 

Fuel oil

 

 

 

 

166,857

 

 

 

 

 

Professional fees

 

 

 

571,380

 

 

 

 

 

Security monitor system

 

 

 

39,853

 

 

 

 

 

Water and sewer charges

 

 

 

76,686

 

 

 

 

 

Insurance

 

 

 

 

289,038

 

 

 

 

 

Telephone

 

 

 

35,407

 

 

 

 

 

Advertising

 

 

 

149,539

 

 

 

 

 

Miscellaneous

 

 

 

37,767

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total Expenses

 

 

 

 

 

 

 

8,371,606

 

 

 

 

 

 

 

 

 

 

 

 

Net Income before rent expense

 

 

 

 

 

6,211,215

 

Less, Basic rent expense

 

 

 

 

 

 

752,385

 

 

 

 

 

 

 

 

 

 

 

 

Net Income subject to primary and secondary additional rent

 

 

 

5,458,830

 

Less, Primary additional rent

 

 

 

 

 

 

752,000

 

 

 

 

 

 

 

 

 

 

 

 

Net income subject to seconday additional rent

 

 

 

$

4,706,830

 

 

 

 

 

 

 

 

 

 

 

 

Seconday additional rent at 50%

 

 

 

 

$

2,353,415

 

Computation of Additional Rent due Landlord:

 

 

 

 

 

 

 

Primary additional rent

 

 

 

 

 

$

752,000

 

 

Secondary additional rent

 

 

 

 

 

 

2,353,415

 

 

 

 

 

 

 

 

 

 

 

 

Total Additional rent

 

 

 

 

 

 

3,105,415

 

Less, Advances against additional rent

 

 

 

 

 

775,255

*

 

 

 

 

 

 

 

 

 

 

 

Additional rent due Landlord

 

 

 

 

 

$

2,330,160

 

 

 

 

 

 

 

 

 

 

 

 

*

Consisting of primary additional rent of $752,000 and $23,255 of interest earned and retained by 250 West 57th St. Associates L.L.C. on funds borrowed for the improvement program.

 

 

 

 

 

 

 

 

 

 

 

 

See accompanying Accountants' Compilation Report

 

Fisk Building Associates L.L.C.
Special Purpose Statement of Income and Expense
October 1, 2002 through September 30, 2003

Note 1 - The lease as modified effective January 1, 1984 provides for additional rent, as follows:

Additional rent equal to the first $752,000 of the Lessee's net operating income, as defined, in each lease year.

Further additional rent equal to 50% of the Lessee's remaining net operating income, as defined, in each lease year.