Brutally weird: There's a monitoring plan to ensure arena construction doesn't damage subways. But it's illegible. Ask for legible copy? Unavailable.

Update: I finally got legible copies.

The construction of the Atlantic Yards arena, according to a Subway Indemnity Agreement (embedded below) signed by Brooklyn Arena LLC and the New York City Transit Authority, not only must proceed "in a good and workmanlike manner" but also must be subject to a monitoring plan, thus protecting critical transit system assets.

The monitoring plan begins on the 29th page of the document below.

But you can't read it, as the two sample excerpts below show.

It's illegible.

And I was refused a legible copy when I filed a Freedom of Information Law request.

Why it matters

It's important, given that a confidential December 2007 report commissioned by developer Forest City Ratner and provided to the Metropolitan Transportation Authority (MTA),

It stated that portions of two subway tunnels (right) were in critical condition and required repair "in the immediate future" and the "near future"--repairs FCR is now obligated to make, though the cost is unclear (and could cause a request for future public support).

Illegible pages

But what's in the monitoring plan? Pages like this:
And this (click to enlarge):


Asking for more

So I asked the MTA press office for a legible copy.

My request was ignored.

I filed a request with the NYCTA FOIL officer.

I was told to file with the MTA.

I refiled the request with the MTA FOIL officer and got the following response:

In response to your May 20, 2010 [request], please be advised that the MTA does not have a more legible copy of Exhibit A of the Subway Indemnity Agreement. This completes the MTA's response to your FOIL request.

Catch-22

Well, if the MTA doesn't have a more legible copy, then how do we know what's supposed to be in the monitoring plan?

Answer, we don't.

Perhaps some of our elected officials might want to check into this.
Subway Indemnity Agreement