Draft MOU between DBS and DEP for WTC economic development,

NYC 9/11 Public Portal Document

DRAFT-6/19/02

MEMORANDUM OF UNDERSTANDING , dated as of , by and between THE NEW YORK CITY DEPARTMENT OF BUSDIESS SERVICES (“DBS”), an executive agency of the City of New York (the “City”), having its principal place of business at 110 William Street, Floor, New York, New York 10038, and THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION (“DEP”), an executive agency of the City, having its principal place of business at 59-17 Junction Boulevard, Corona, New York 11368.

Recitals

WHEREAS, pursuant to Section 1301 of the New York City Charter (the “City Charter”), the Commissioner of DBS is, among other things, authorized and empowered to study, organize, promote, coordinate and carry out within or without the City, activities, projects and programs designed to encourage, stimulate and foster the well-being, development, growth and expansion of business, industry and commerce in the City, and the enhancement and protection of the economic life of the City; and

WHEREAS, pursuant to said Section 1301, the Commissioner of DBS is further authorized and empowered to serve as liaison for the City with local development corporations, other not-for-profit corporations and all other entities involved in economic development within the City; and

WHEREAS, the New York City Economic Development Corporation (“EDC”), is a corporation organized under Section 1411 of the Not for Profit Corporation Law, and has as its purpose [quote from certificate of incorporation of EDC]; and

WHEREAS, the City, acting by and through DBS, and EDC, have entered into an Agreement, dated as of(the “EDC Agreement”), pursuant to which EDC performs certain services for the City to help retain existing businesses, attract new businesses, and otherwise promote the economic development of the City; and

WHEREAS, pursuant to Section 1403 of the City Charter, the Commissioner of DEP is, among other things, authorized and empowered to have charge and control of and be responsible for all those functions and operations of the City relating to the prevention of air, water and noise pollution, and to respond to releases or threatened releases of hazardous substances; and

WHEREAS, pursuant to said Section 1403, the Commissioner of DEP is further authorized and empowered to regulate and control the emission into the open air of harmful or objectionable substances and to enforce all laws, rules and regulations with respect to such emissions; and

WHEREAS, the terrorist attack on, and subsequent collapse of, Towers 1 and 2 of the

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