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DEP Legal Agreement on Sewer Matter, Nov 1988

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Letter from DEP Office of Legal Counsel enclosing an executed agreement regarding a sewer matter near 11th Avenue and West 33rd Street.

NYC-WTC_000165687–000165696

Folder label: “AMTRAK'S West Side Connection

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NYC 9/11 Public Portal Document

other telephone number as may be designated by Amtrak in writ­ ing) , and shall thereafter, upon request of Amtrak, submit plans or other documents describing the work performed. e. Amtrak shall provide vehicular access for DEP to the vicinity of the New Sewer by way of a non-public mainte- nance road or otherwise. Amtrak may, at its option, provide DEP with a key to the gate leading to such maintenance road, keep such a key at Pennsylvania Station or other twenty-four (24) hour a day facility where it can be made readily available to DEP, or make other provision(s) that will assure access to DEP twenty-four (24) hours a day, seven (7) days a week. Notwith- standing the foregoing, Amtrak shall remain obligated to make access to the New Sewer available at all times to DEP. f. With the exception of routine maintenance. inspection and repair of the Tunnel, and of the track and other material and equipment located therein, Amtrak shall perform no construction work within a forty-six (46) foot wide corridor centered about the New Sewer without the prior written approval of DEP, which approval shall not be unreasonably withheld or delayed. 5. Applicable Law. Pursuant to the terms of 45 U.S.C. § 546(d), this Agreement shall be governed by the laws of the District of Columbia. 6. Amendment. This Agreement may be amended only by an instrument in writing signed by both parties.

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NYC-WTC_000165693Source: NYC Law Department, mirrored locally

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