License agreement for exterior cleanup at 49 Nassau Street, May

NYC 9/11 Public Portal Document 05/15/2002 13:16 2127877266 LORIZEE PAGE 11

L NSE AGREESENT This License Agreement made this day of, UO2 by and between the CITY OF NF:W YORK (hereinafter called "the City"/Licensee), acting by and through the Department of Environmental Protection of the City of Now York (hereinafter called "DEP"), with an office at 59- 1 7 ,lunetion Boulevard, Corona, Now York 11368-5107 and Trudel Food Stores Inc. c/o Lori Lcc ('urp• ("Landowner/Licensor") the owner of the premises at 49 NASSAU SIR EE'l' (the Premises")

WHEREAS, the facade), rorofs and setbacks ("exterior areas") of many structures in close proximity to the site of the fortner World Trade Center have been found to contain debris, refuse and other deposits ("the foreign material") of unknown origin;

WHEREAS, the owners of. said structures are desirous of having the foreign material removed;

WHEREAS, the City believes that it is in the interest of the public to undertake a clean up of these exterior areas;

WHEREAS, the City's willingness to undertake such a cleanup should not in any way he construed as an acknowledgment or admission that the City is any way responsible for any coed ition, environmental or otherwise, that may exist in or on the exterior areas or that the foreign rnateria is a risk to the public health or safety;

NOW THEREFORE, it is hereby agreed by and between the parties to this agreement, for anti in consideration of One Dollar and other good and valuable consideration, the receipt of whicl, is hereby acknowledged,

l Permission to perform

arsineWes.

Subject to the terms and conditions hereof: Licensor hereby grants permission to Licensee and its authorized contractor(s) to perform the cleaning work on the exterior areas ofthe etructure(s) located on the Premises, as described in the Scope of Work attached hereto as Exhibit A and made a part hereof (the "Cleaning Work").

2. Grant Qf A*: ru..Subject to the terms and conditions hereof, Licensee and its agents, contractors and employees shall bave ,t is right, at all times while this License Agreement is in effect, to enter in and on the Premises, lid cros3 the Premises, with personnel, to

material and equipment, liar the purpose of performing tha Cleaning Work. ,It is expressly understood that the right granted under this Section 2 includes:

(a) the right to accesaall cirtions of the Premises deemed necessary by Licensee or its contractor(s) in order to praperly;perlm the Cleaning Work, including (without limitation) roofs, parapets, window ledges, and other building exterior surfaces; and

NYC-WTC 000099749