DEP memo on EPA counsel meeting regarding carpet issues, Oct

NYC 9/11 Public Portal Document

Dore LaPosta suggested that I forward this message to you and that I give Richard Leland, Esq, of Kramer Levin your phone number. He wants to raise IPN's issues, noted in paragraphs 3 and 4 below, with a manager at DEP to see if you can modify City's agreement with the contractors. Kathy Callahan was not able to reach you by phone yesterday to discuss the issues raised by IPN's counsel. I believe that FranK Schiano discussed this with you.

Forwarded by Beverly Kolenberg/R2/USEPA/US on 10/08/02 02:31 PM

Beverly Kolenberg To: Kathy Callahan/R2/USEPA/US@EPA, Dore LaPosta/R2/DSEPA/US@EPA, Michael Brescio/R2/USEPA/US@EPA, 10/03/02 05:59 Arlene 7\nderson/R2/USEPA/US@EPA PM cc: Thomas Lieber/R2/USEPA/US@EPA, Paul Simon/R2/USEPA/US@EPA Subject: Meeting with Counsel for Independence Plaza on October 3

Tom Lieber and I met with the following representatives of Independence North: Ezra Goodman, counsel for real estate and contracts issues, Richard Leland, counsel for environmental issues and his associate Toni Ferrucci, and Debbie Dolan, Manager from Hudson River Management IPN's management company to discuss the issues that they believe remain to be resolved.

We were informed that a contract for sale for the IPN property has been signed by Duane Street Associates, the owner with an unnamed buyer. For that reason, among others, counsel want to insure that no liens or violations are placed on the buildings as a result of the work that will performed by the cleaning and monitoring contractors.

At the conclusion of the meeting counsel said that they would like to bring their contract concerns to someone at a high level at NYCDEP to advocate for the proposed contract language they want. In sum, Goodman suggested that the language in the city contract provide that any lien on the property filed by a subcontractor or materialman be satisfied within 30 days by the contractor. As to liens on the property filed by the contractor on the property, he would like the City to discharge the lien within 30 days or failing to do so, pay the legal expenses of the property owner if the matter is litigated.

For violations that are filed by the City or other agency on the property due to the activities of the contractors, they were seeking to get violations removed promptly and indemnification for their expenses.

They wanted to formally incorporate the information in the fact sheets by reference into the consent to access forms, and we said the language in the consent forms could be changed.

Ms. Dolan requested information about the facade inspection made by the City three weeks ago, and after the meeting Mike told me that he would get that information to her.

The attorneys recognize that the residents want the cleanup, and the IPN owner is "between a rock and a hard place." Finally, I told them that the issue of what would be done about carpet removal in the common areas 2

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