I am of the opinion that the above quoted section of the Charter governs the acceptance by the City of the deed to "The Dyckman House Park," and that under the terms of the said section it will be necessary that the Commissioners of the Sinking Fund approve the resolution adopted by the Board of Estimate and Apportionment on November 12, 1915, authorizing the Corporation Counsel to accept deeds of cession of "The Dyckman House Park." I would, therefore, respectfully suggest that you, as Secretary of the Board, transmit a certified copy of said resolution to the Commissioners of the Sinking Fund with the request that they approve the same. The resolution adopted by the Board of Estimate and Apportionment on November 13, 1915, is sufficient so far as the Board is concerned, but, as above stated, it should be approved by the Commissioners of the Sinking Fund. Respectfully, LOUIS H. HAHLO, Acting Corporation Counsel. Whereas, at the meeting of the Board of Estimate and Apportionment held on October 1st, 1915, the Commissioner of Parks for the Boroughs of Manhattan and Richmond presented a communication from Mrs. Mary Alice Dyckman Dean and Mrs. Fannie Fredericka Dyckman Welch offering to convey to the City of New York certain property fronting on Broadway at the northerly corner of West 204th Street, Borough of Manhattan, together with the building located on the property, for the purpose of a public park to be designated as "The Dyckman House Park"; and Whereas, after a public hearing held by the Board on November 12, 1914, the aforesaid property was laid out upon the City Map as a Public Park, and was thereupon accepted by the Board for park purposes; be it Resolved, that the Corporation Counsel be and he hereby is authorized and requested to accept proper deeds of cession to the property comprising the said "The Dyckman House Park," and to have the deeds recorded and filed in the manner required by law. I hereby certify that the foregoing is a true copy of a resolution adopted by the Board of Estimate and Apportionment at a meeting of said Board held on November 12, 1915. JOSEPH HAAG, Secretary. Whereas, at a meeting of this Board, held on the 15th day of October, 1915, a resolution was adopted proposing to change the map or plan of The City of New York so as to lay out a public park (The Dyckman House Park) at the northerly corner of Broadway and West 204th Street, in the Borough of Manhattan, City of New York, and appointing a hearing at a meeting of this Board to be held on the 12th day of November, 1915, at 10 o'clock a. m., at which meeting such proposed action would be considered by this Board, and requesting a notice to all persons affected thereby of the aforesaid time and place at which such proposed action would be considered, to be published in the CITY RECORD for ten days prior to the 12th day of November, 1915; and Whereas, it appears from the affidavit of the Supervisor of the City Record that the aforesaid resolution and notice have been published in the CITY RECORD for ten days prior to the 12th day of November, 1915; and Whereas, all persons interested in such proposed change were afforded an opportunity to be heard thereon, and such proposed change was duly considered by this Board; now, therefore, be it Resolved, That the Board of Estimate and Apportionment of The City of New York, in pursuance of the provisions of section 442 of the Greater New York Charter, as amended, deeming it for the public interest to change the map or plan of The City of New York by laying out a public park (The Dyckman House Park) at the northerly corner of Broadway and West 204th Street, in the Borough of Manhattan, City of New York, does hereby favor the same so as to make the aforesaid change in accordance with a map or plan bearing the signature of the President of the Borough and dated October 5, 1915. The foregoing is a true copy of a resolution adopted by the Board of Estimate and Apportionment on November 12, 1915, and approved by the Mayor on November 18. 1915. JOSEPH HAAG, Secretary. In connection therewith the Deputy and Acting Comptroller presented the following report and offered the following resolution: January 20, 1916. To the Honorable the Commissioners of the_Sinking Fund: Gentlemen-On November 18. 1915. the Board of Estimate and Apportionment adopted a resolution laying out a public park at the northerly corner of Broadway and West 204th Street, Borough of Manhattan. I therefore respectfully recommend that the Commissioners of the Sinking Fund authorize the acceptance by the City from Mary Alice Dyckman Dean and Fannie Fredericka Dyckman Welch of a conveyance to the City of New York of certain property fronting on Broadway at the northerly corner of West 204th Street, Borough of Manhattan, together with the building located on the property, for use as a public park, to be designated as "The Dyckman House Park." Respectfully, ALEX, BROUGH, Deputy and Acting Comptroller. Resolved, That, pursuant to the provisions of section 971 of the Greater New York Charter, as amended by chapter 606 of the Laws of 1915, the Commissioners of the Sinking Fund hereby approve of the following resolution adopted by the Board of Estimate and Apportionment on November 12, 1915, authorizing the Corporation Counsel to accept deeds of cession of the "Dyckman House Park": "Whereas, At the meeting of the Board of Estimate and Apportionment held on October 1st, 1915, the Commissioner of Parks for the Boroughs of Manhattan and Richmond presented a communication from Mrs. Mary Alice Dyckman Dean and Mrs. Fannie Fredericka Dyckman Welch offering to convey to the City of New York certain property fronting on Broadway at the northerly corner of West 204th Street, Borough of Manhattan, together with the building located on the property, for the purpose of a public park to be designated as 'The Dyckman House Park'; and "Whereas, After a public hearing held by the Board on November 12, 1914, the aforesaid property was laid out upon the city map as a public park, and was thereupon accepted by the Board for park purposes; be it "Resolved, That the Corporation Counsel be and he hereby is authorized and requested to accept proper deeds of cession to the property comprising the said 'The Dyckman House Park' and to have the deeds recorded and filed in the manner required by law." The report was accepted and the resolution adopted, all the members present voting in the affirmative. Sale at Public Auction of the Lease of Premises No. 180 Clinton Street, Borough of Manhattan. The Deputy and Acting Comptroller presented the following report and offered the following resolution: To the Honorable the Commissioners of the Sinking Fund: January 21, 1916. Gentlemen-The City is the owner of a certain piece of property known as No. 180 Clinton Street, Borough of Manhattan, at present leased in accordance with a resolution of the Commissioners of the Sinking Fund adopted on July 12, 1911. for a period of five years from August 1, 1911, at an annual rental of $2,448. This lease will expire on August 1, 1916. It is now proposed to offer a lease of these premises at public auction for a period of five years from August 1, 1916, under the same terms and conditions as contained in the existing lease. I, therefore, respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing a sale at public auction of the lease of certain premises situated on the easterly side of Clinton Street, 225 feet south of Grand Street, being a plot of ground, 25x100 feet, with the improvements thereon, known as No. 180 Clinton Street, Borough of Manhattan, for a period of five years from August 1, 1916, at a minimum or upset price of $2,448 per annum, payable quar terly in advance, and upon the following terms and conditions: The highest bidder will be required to pay twenty-five (25) per cent. of the amount of the yearly rental at the time and place of sale; the amount so paid for one quarter's rent shall be forfeited if the successful bidder does not execute the lease when notified it is ready for execution. He will also be required to give an undertaking in the amount of the annual rental bid, with sufficient surety to be approved by the Comptroller, for the payment of the rent quarterly in advance and for the performance of the covenants and terms of the lease. No person shall be received as lessee or surety who is a delinquent on any former lease from the Corporation, and no bid shall be accepted from any person who is in arrears to the Corporation upon debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the City, as provided by law. The lease will be in the usual form of leases of like property, and will contain, in addition to other terms, covenants and conditions, as follows: 1st. A clause providing that the lessee shall pay the usual rates for water, per meter measurements, and comply with the rules and regulations of the Department of Water Supply, Gas and Electricity. 2nd. A clause providing that the lessee shall not make any alterations or improvements on the property except with the consent and approval of the Comptroller. 3rd. A clause providing that during the term of the lease the lessee shall keep the building in proper repair, both inside and outside, and shall comply with all the laws and ordinances of The City of New York. 4th. A clause providing that all repairs, alterations and improvements made on or to the property by the lessee during the period of the lease shall become the property of the City of New York at the expiration of the lease. The Comptroller shall have the right to reject any or all bids if deemed to be to the interest of The City of New York. Respectfully, ALEX, BROUGH, Deputy and Acting Comptroller. Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby authorize and order a sale at public auction or by sealed bids of the lease of certain premises situated on the easterly side of Clinton Street, 225 feet south of Grand Street, being a plot of ground 25 by 100 feet, with the improvements thereon, known as No. 180 Clinton Street, in the Borough of Manhattan, for a period of five years from August 1, 1916; -the minimum or upset rental at which said lease shall be sold be and is hereby appraised and fixed at the sum of twenty-four hundred and forty-eight dollars ($2,448) per annum, payable quarterly in advance, and the Comptroller be and is hereby authorized and directed to take the necessary steps for conducting such sale upon the following terms and conditions: The highest bidder will be required to pay twenty-five per cent. (25%) of the amount of the yearly rental at the time and place of sale; the amount so paid for one quarter's rent shall be forfeited if the successful bidder does not execute the lease when notified it is ready for execution. He will also be required to give an undertaking in the amount of the annual rental bid, with sufficient surety to be approved by the Comptroller for the payment of the rent quarterly in advance and for the performance of the covenants and terms of the lease. No person shall be received as lessee or surety who is a delinquent on any former lease from the corporation, and no bid shall be accepted from any person who is in arrears to the corporation upon debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the City, as provided by law. The lease will be in the usual form of leases of like property, and will contain, in addition to other terms, covenants and conditions, as follows: 1st-A clause providing that the lessee shall pay the usual rates for water, per meter measurements, and comply with the rules and regulations of the Department of Water Supply, Gas and Electricity. 2nd-A clause providing that the lessee shall not make any alterations or improvements on the property except with the consent and approval of the Comptroller. 3rd-A clause providing that during the term of the lease the lessee shall keep the building in proper repair, both inside and outside, and shall comply with all the laws and ordinances of The City of New York. 4th-A clause providing that all repairs, alterations and improvements made on or to the property by the lessee during the period of the lease shall become the property of The City of New York a. the expiration of the lease. The Comptroller shall have the right to reject any or all bids if deemed to be to the interest of The City of New York. The report was accepted, and the resolution adopted, all the members present voting in the affirmative. Sale of the Lease of Premises Between Division Street and East Broadway Under the Manhattan Approach to the Manhattan Bridge. The Deputy and Acting Comptroller presented the following report and offered the following resolutions: To the Honorable the Commissioners of the Sinking Fund: January 21, 1916. Gentlemen-On December 29, 1915, the Commissioners of the Sinking Fund adopted a resolution authorizing a sale at public auction or sealed bids for the highest rental, of the lease of certain premises between Division Street and East Broadway, under the Manhattan approach of the Manhattan Bridge. In this resolution it was intended to include a provision to the effect that should the demised premises be needed for City purposes, the City would pay to the lessee a percentage of the cost of whatever building was erected thereon upon the following basis: At the end of 5 years, 75 per cent.; at the end of 6 years, 70 per cent.; at the end of 7 years, 65 per cent.; at the end of 8 years, 60 per cent.; at the end of 9 years, 55 per cent.; at the end of 10 years, 50 per cent.; at the end of 11 years, 45 per cent.; at the end of 12 years, 40 per cent.; at the end of 13 years, 35 per cent.; at the end of 14 years, 30 per cent.; at the end of 15 years, 25 per cent.; at the end of 16 years, 20 per cent.; at the end of 17 years, 15 per cent.; at the end of 18 years, 10 per cent.; at the end of 19 years, 5 per cent. This was inadvertently omitted from the report. I therefore respectfully recommend that the resolution above mentioned be rescinded, and that the attached resolution be adopted in place thereof. Respectfully, ALEX. BROUGH, Deputy and Acting Comptroller. Resolved, That the resolution adopted by this Board at meeting held December 29, 1915, authorizing and ordering the sale of a lease of certain premises between Division Street and East Broadway, Borough of Manhattan, under the Manhattan approach to the Manhattan Bridge, for a term of ten years, at a minimum or upset rental of nine thousand dollars ($9,000) per annum for the first ten years, and for the renewal period of ten years at an increased rental of 10% over that paid for the first ten year period. -be and the same is hereby rescinded. Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby authorize and order a sale at public auction, or by sealed bids, for the highest rental, after public advertisement, a lease of the following described properties belonging to the City of New York, situate, lying and being in the Borough of Manhattan, City of New York, bounded and described as follows: All that plot, shown on a map made by the Bridge Department, said map bearing the number, 38-207, said plot being bounded easterly by the westerly line of New Forsyth Street 140.09 feet; southerly by the northerly line of East Broadway 125.35 feet; westerly by the easterly line of New Market Street 141.69 feet; and northerly by the southerly line of Division Street 125.82 feet. Excepting that portion of the above described plot which is covered by the bridge piers or abutments and the clearance lines around said piers, as shown on map made by the Bridge Department, upon the following terms and conditions: The lease to be for a term of ten years, with the privilege of renewal for a further period of ten years. -the minimum or upset rental at which said lease shall be sold be and is hereby appraised and fixed at the sum of nine thousand dollars ($9,000) per annum for the first ten years, and for the renewal period of ten years, an increased rental of 10 per cent. over that paid for the first ten-year period. The rental to be paid quarterly in advance. Each bidder will be required to deposit with his bid the sum of $2,000 in cash, or a certified check drawn on a State or National bank of the City of New York. Such cash or certified check shall not be enclosed in the envelope with the proposed bid, but must be handed to the official who receives the bids for examination and approval before accepting said bid. All such deposits, except that of the successful bidder, will be returned after the award of the lease. The amount deposited by the successful bidder will be retained and credited on account of rent, except that in case the successful bidder does not execute the lease when so directed then such deposit shall be forfeited. No bid shall be received from anyone who is a delinquent on any former lease from the City, and no bid shall be accepted from any person who is in arrears to the City upon debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the City, as provided by law. The lease to be drawn by the Corporation Counsel of the City of New York in the usual form of leases of City property and contain the following .terms, covenants and conditions: 1. The lessee will be permitted to erect a two-story fireproof building, equipped with an automatic fire sprinkling system and fire curtain, and provide a clear space of at least six feet between the top of the building and the overhead bridge structure, it being understood that the roof thereof is to be constructed of concrete or tile with overhanging cornice of similar material, and it being further understood that the plans for the erection of the building are to be prepared by the lessee and erected in accordance therewith, subject, however, to the approval of the Commissioner of Bridges. 2. Three months will be allowed from the date of the execution of the lease for the erection of the building, and no rental will be charged for this period. 3. In case the premises should be required for City purposes, the decision of which shall be made by the Commissioner of Bridges, subject to the approval of the Commissioners of the Sinking Fund, at any time after five years from the date of the lease, the same may be cancelled, and the City will pay to the lessee a percentage of the cost of the building erected thereon upon the following basis: At the end of 5 years... 6 years.. At the end of 75% 70% 65% 60% 55% 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 4. In the event of the failure of the lessee to conform to all the requirements of the lease, the building and any alterations or improvements on the premises will become the property of the City of New York. Any building erected upon the demised premises together with the alterations and improvements thereon shall become the property of the City of New York at the expiration of the lease or any renewal thereof. 5. The lessee to pay the usual rate for water per meter measurements and comply with the rules and regulations of the Department of Water Supply, Gas and Electricity governing the use of water. 6. The building may be heated by gas, electricity or steam, but if steam is used, it must be obtained from a plant located on premises that are not under the jurisdiction of the Department of Bridges. 7. No alterations or improvements shall be made to the premises without the written consent and approval of the Commissioner of Bridges. 8. The lessee shall comply with all the laws and ordinances of the State and City of New York and the rules and regulations of State and City Departments having jurisdiction over the premises, and shall make all inside and outside repairs to the building. 9. The City of New York will pay any taxes or assessments that may be levied against the land or the building erected on those premises during the term of the lease or any renewal thereof. 10. The City reserves the right to reject any and all bids if deemed to be in the interest of the City so to do. The report was accepted, and the resolutions severally adopted, all the members present voting in the affirmative. Health Department-Assignment to, of Three Horizontal Tubular Boilers, January 12, 1916. To the Commissioners of the Sinking Fund, The City of New York: Gentlemen-On December 22, 1915, the Department of Public Charities surrendered to the Commissioners of the Sinking Fund the following property as no longer required: Three (3) horizontal tubular boilers. In a communication dated April 6, 1915, the Department of Health requested the assignment of the property above referred to. The adoption of the attached resolution authorizing the assignment is therefore recommended. Respectfully, ALEX. BROUGH, Deputy and Acting Comptroller. Resolved, That, pursuant to the provisions of section 205 of the Greater New York Charter, as amended, the Commissioners of the Sinking Fund hereby assign to the Department of Health the following property turned over by the Department of Public Charities as no longer required: Three (3) horizontal tubular boilers. The report was accepted and the resolution adopted, all the members present voting in the affirmative. |