DEP memo re: WTC complex control agreement, July 8, 2002

NYC 9/11 Public Portal Document

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D City of New York Department of Design and Construction R Kenneth Holden A Commissioner FT July 8, 2002 Michael Burton, P.E. Executive Deputy Commissioner Mr. Francis J. Lombardi, Chief Engineer Port Authority of New York and New Jersey 30-30 Thomson Avenue 225 Park Ave. South LongisiandCity, NY 11101 New York, New York 10019 Tel. 718/391-1591 Fax 718/391-3480 Re: The World Trade Center Complex (Building Nos. 1 - 6)

Dear Mr. Lombardi:

This is to confirm the understanding by and between The City of New York, acting by and through the Department of Design and Construction and the Office of Emergency Management (the “City”) and The Port Authority of New York and New Jersey (the “PA”) regarding control of the World Trade Center complex (the “Site”). The purpose of this letter is to inform you that the PA now has complete responsibility for the Site, as further described in the attached three Exhibits. Notwithstanding, please be advised that the Site and certain roadways surrounding the Site remain the subject of a Mayoral Declaration of an Emergency, a copy of the most recent Declaration is attached for your convenience.

The City’s work at the Site, which included, among other things, rescue operations for any survivors, removal of debris, protection of property and removal of human remains, was pursuant to the declarations and proclamations of emergency as issued by the federal, state and city governments (the “Work”). Thank you for your personal contribution, time and effort, and your staff’s contributions, time and efforts in completing the Work.

As you know, the Work has been completed and on June 30, 2002, at or about 7:00 p.m., the City turned over to the PA control of the Site. [DELETED TEXT.1 Please be advised that the PA may have to perform additional work at the Site to ensure the integrity of the building foundations located at the Site, the safety of the remaining buildings’ elements, if any, and the safety of future occupants and the general public. As the owner of the Site, the PA is responsible for complying with any and all legal obligations to improve and maintain the safety of the Site and to follow all applicable federal, state and city laws and regulations.

As discussed, attached are the following Exhibits:

1. Exhibit “A”: A List of all Equipment and Material to be turned over by the City to the PA;

NYC-WTC_000152147