Charles Maikish Letter

LOWER -MANHATTAN CONSTRUCTION COMMAND CENTER Facilitate, Mitigate. Communicate

Charles Maikish Executive Director

April 12, 2006

PRIVILEGED AND CONFIDENTIAL Robert F. Roach Chief of Staff NYC. Department of Investigation 80 Maiden Lane

New York, NY 10038 Dear Mr. Roach:

I write to you in response to your letter ofApril 11, 2006 (the "letter"), regarding 130 Liberty Street --- the Deutsche Bank Building. Clearly, the Lower Manhattan Construction Command Center ("LMCCC") was remiss in not fully communicating with the Department of Investigation ("DOZ") about this project. LMCCC acknowledges, that it did not ask DOI to vet the John Gait Corporation beyond the request for a name check! In addition, LMCCC did not ask DOI to vet the John Galt Corporation's employment of NIx'tc r ("Aivo") and D Mle ("Adler") on the 130 Liberty Street prooject. The LMCCC also acknowledges that DOI had previously provided the LMCCC with negative inforrimation regarding Alvo and Adler. LMCCC had recommended to the Lower Manhattan Development Corp. ("LMDC") that as a condition to the John Galt Corporation employing Alvo and Adler, those individuals would have to cooperate with DOI in its ongoing investigation of T In the request for a name check amongst the Lower Manhattan Constmction Integrity Team ("LMCIT") of which DOI is a member, Ron Calvosa specifically indicated that the 'John Gait Ca oration was a proposed deconstruction subcontractor -tar 130 Liberty Street. In addition, Calvosa ha3'a conversation with Mary Piechocki in which he specifically indicated to her that this request ;should be brought to your attention. Ina subsequent email from Piechocla to Calvosa, she indicated that she was waiting for information from you regarding this request. One Liberty Plaza, 20th Floor New York, New York 10006 V. 212-587-9643 Fax 272-266-7810

Robert F. Roach April 12, 2006 Page 2

Safeway. When LMCCC and DOI met on Februarv 2, 2006, T raised the possibility of conditioning Alvo and Adler employment dh the 130 i erty treet project contingent upon their cooperation with DOT. At that time, DOT indicated that it would take the matter under advisement. Admittedly, LMCCC did not consult further with DOI on this issue prior to LMCCC recommending to LMDC that this be included as a condition for the approval of the subcontract to the John Galt Corporation. I would also like to raise the following two points which are in need of clarification. First, decisions regarding whether contractors and subcontractors are "responsible"' are up to LMDC. In this instance, information obtained as a result of the LMCIT name check (including DOI's response), and other checks performed by LMDC and its outside consultant were reviewed by LMDC who made a determination regarding the responsibility of the John Galt Corporation. Second, in footnote No. 6 of your letter you indicate that the conditions regarding the approval of the John Galt Corporation's subcontract "does not preclude such arrangements with individuals who could be as nonresponsible as consultants for this job." The inference is therefore that certain individuals may have been precluded from being employed by the John Galt Corporation may be brought on in a consultant role. This precise arrangement has been contemplated and is addressed and precluded in the first condition regarding the approval of the subcontract. The first condition is: "LMDC at this time approves the pending request to employee Mitchell Alvo and Don Adler but Bovis and the John Galt Corp., wi ll not employee or utilize the services of any other senior executives, principals, or owners of Safeway, Environmental Corp, Dynamic Equipment Corp and Big Apple Wrecking Corp or their successors." (Emphasis added).

This language clearly addresses a potential consultant relationship. The 130 Liberty Street project is being very closely supervised and scrutinized by a variety of entities, including government regulators. In addition, there is an Integrity Monitor assigned to oversee this entire project. The activities of the John Galt Corporation will be closely scrutinized. If Alva or Adler engages in any activity which demonstrates a continued connection to Safeway or ifthey engage in any illicit activity, we will immediately demand their removal from this project. I have reviewed with Ron Calvosa, his involveinent in the 130 Liberty Street project as discussed in your letter and am completely satisfied that he has acted appropriately.

Robert F. Roach April 12, 2006 Page 3

I look forward to our continued working relationship and will get back to you regarding the draft Memorandum of Understanding which DOI has sent to LMDC and LMCCC regarding potential funding for DOT for its work in regarding Lower Manhattan projects.

cc:

Hon. Rose Gill Hearn, Commissioner, DO!