Letter re: DEP program for 29 Broadway, May 2002

NYC 9/11 Public Portal Document

ANDERSON KILL & OLICK, P.C. (including the practice of DeForest & Duer) Attorneys and Counsellors at Law 1251 AVENUE OF THE AMERICAS ■ NEW YORK, NY 10020 TELEPHONE: 212-278-1000 ■ FAX: 212-278-1733 www.andersonkill.com James P. Cullen, Esq. (212)278-1565 [email protected]

May 22, 2002

VIA FEDERAL EXPRESS

R. Radhakrishnan, P.E. Director, Asbestos Control Program New York City Department of Environmental Protection 59-17 Junction Boulevard Flushing, New York 11373

Re: 29 Broadway New York, New York

Dear Mr. Radhakrishnan:

We are counsel to Trinity Morris Corp., owner of 29 Broadway. Our client is in receipt of your letter dated May 3, 2002 and a proposed License Agreement, which relate to your department's cleaning program for certain buildings in downtown Manhattan.

Our client has already undertaken on its own initiative some cleanup work in the aftermath of the World Trade Center attacks. Our client submitted an insurance claim to its carrier based on these cleanup costs. The claim has not been settled. I was concerned after reading paragraph 4 of the License Agreement that the City was seeking assignment of insurance proceeds our client should receive from its carrier to reimburse our client for earlier cleanup costs.

Your deputy, Penny Theodorellys, was kind enough to respond to my phone call on May 22, 2002 and clarify that the City does not take the position that it will assert claims against insurance proceeds received for cleanup costs previously incurred by owners. She explained it is the City's intention, as clarified by an internal memo or letter from your Office of General Counsel, that the City would seek reimbursement from insurance proceeds only where no cleanup costs were incurred by the owner or to the extent the allocable proceeds were in excess of those costs.

Based on the foregoing clarification and understanding, we have advised our client that they may execute the License Agreement. If my understanding of Ms. Theodorellys' advice is not correct, kindly correct my understanding and consider our client's consent to the

NYDOCS1-632216.1

NEW YORK, NY ■ CHICAGO, IL ■ NEWARK, NJ ■ PHILADELPHIA, PA ■ WASHINGTON, DC ■ GREENWICH, CT

NYC-WTC 000105487