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Dock Department-Amendment to Resolution Authorizing a Lease to R. Martens

& Co., Inc., of Property in the Vicinity of Canal St., Stapleton, Borough of Richmond. The following communication was received from the Commissioner of Docks :

Pier A, North River, June 21, 1916. Lease of Property Vicinity of Canal Street, Stapleton. Hon. JOHN PURROY MITCHEL, Mayor and Chairman of the Commissioners of the Sinking Fund:

Sir-At a meeting of the Commissioners of the Sinking Fund held December 29, 1915, a resolution was adopted approving of and consenting to the execution by the Commissioner of Docks of a lease to R. Martens & Co., Inc., of property in the vicinity of Canal Street, Stapleton, Borough of Richmond, as more particularly described in said resolution.

After the passage of this resolution a further examination of the premises discloses the fact that the fender system on the southerly side of the pier at the foot of Canal Street, Stapleton, below low water is in very bad condition, and in my opinion the City should remove the present piles on the south side of the pier and replace them with a new fender system at an estimated cost of about $4,000.

The lease provides for a term of 10 years commencing May 1, 1916, with privilege of renewal for a further term of 10 years. The lessee also requests that the resolution be amended so as to provide for a second renewal term of 10 years.

I beg to recommend that the resolution of the Commissioners of the Sinking Fund adopted December 29, 1915, be amended in the following particulars :

Commencing at Line 39 of the second paragraph, said resolution with relation to the dredging shall read as follows:

Dredging; new fender system: "Dredging shall be done by the lessee in the slips adjoining Parcel B for a depth of 21 feet at mean low water and a new fender system installed by the lessee on the south side of Parcels A and B, being the southerly side of the pier foot of Canal Street, Stapleton, Staten Island, retaining such of the present piles as in the judgment of the Chief Engineer of the Department of Docks and Ferries are suitable for that purpose. The contract for the work of iredging and installation of the new fender system, after the receipt of bids therefor, shall be awarded to a contractor and for a contract price to be approved by the Commissioner of Docks. The work of this initial dredging and the installation of the new fender system shall be done under the direction and supervision of the Chief Engineer of the Department of Docks and Ferries, and the cost thereof certified to by him, which cost, so certified, shall be borne by the City and shall be deducted from the rental accruing under the lease of said pier."

I also recommend that said resolution be amended as to the term and rental as ollows:

Term: “The lease shall be for a term of ten years commencing May 1, 1916. The lessee shall have the privilege of two renewals of ten years each."

Rental: “The rental for the first term of ten years shall be at the rate of 42,000 per annum, payable quarterly in advance at the office of this Department, ind for the first renewal term 10 per cent. advance on the rental for the preceding erm, and for the second renewal term the rental shall be fixed by arbitration in he manner in vogue in the Department of Docks and Ferries, but shall be not less han 10 per cent. advance on the rental for the first renewal term.

It also appears that R. Martens & Co., Inc., are incorporated under the laws of he State of Delaware instead of the State of New York, as described in the resoluion. This should also be changed. Respect fully yours,

R. A. C. SMITH, Commissioner of Docks. In connection therewith the Deputy and Acting Comptroller presented the followng report and offered the following resolution :

July 28, 1916. o the Honorable the Commissioners of the Sinking Fund:

Gentlemen-On June 21, 1916, the Commissioner of Docks recommends that the esolution adopted December 29, 1915, approving of and consenting to the execution v the Commissioner of Docks of a lease to R. Martens & Co., Inc., of property in he vicinity of Canal Street, Stapleton, Borough of Richmond, be amended.

The modification consists :

(1) A new fender system to be installed in the south side of the pier and the xpenses to be borne by the City and deducted from the rentals accruing under the ase.

From information obtained from the Commissioner of Docks and the Chief ngineer of the Department of Docks and Ferries, it appears that upon first examination and at the time, last fall, of the negotiation of the proposed lease it was thought that the old fender system was in a good condition, but after a closer examinatik made this spring, it was found that the larger portion of the fender piles below in water are in a very bad condition, in some cases entirely rotted off, and to replace them with new piles it is estimated it will cost about $4,000. As it was the intent to lease the premises in a satisfactory condition, I concur in the Commissioner's recommendation that the expense of making good the present fender system shoul. be borne by the City, and the easiest way to finance the expense is to have it deducted from the rental accruing under the lease.

(2) The lease to be for a term of 10 years commencing May 1, 1916, with the privilege of two renewals.

(3) Rental of first 10 years $42,000 per annum, for the first renewal term il per cent, advance and for the second renewal term the rental to be fixed by arbitration, but shall not be less than 10 per cent. advance on the rental for the first renewal tere

The resolution of December 29, 1915, provides for a term of 10 years from Ilay 1, 1916, with the privilege of one renewal, at a rental of $42,000 per annum for the first term and the rental for the renewal term to be 10 per cent. advance of the rental of the first term.

The modification provides for a second renewal of ten years at a rental to be fixed by arbitration, but not less than 10 per cent. advance on the first renewal tere

As the rental for the additional renewal term shall be determined by arbitration, I see no reason why it should not be given.

Concurring in the recommendation of the Commissioner of Docks, I advise the adoption of the attached resolution granting the request,

Respectfully, ALBERT E. HADLOCK, Deputy and Acting Comptroller.

Resolved, That the resolution adopted by the Commissioners of the Sinking Fund on December 29, 1915, approving of and consenting to the execution by the Commissioner of Docks of a lease to R. Martens & Co., Inc., of property in the t. cinity of Canal Street, Stapleton, Borough of Richmond, be and the same is hereby amended to read as follows:

Resolved. That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Commissioner of Docks of a lease to R. Martens $ Co., Inc., a corporation organized under the laws of the State of Delaware, and haiing its offices in the City of New York at No. 24 State Street, of the following us scribed premises: Beginning at a point in the old crib bulkhead across the outshore end of Canal Street, Stapleton, Borough of Richmond, where the southerly side of Cana. Street Pier intersects the same, said point being distant about one hundred and cityfive (155) feet from the easterdiy side of Front Street. Running thence easterly and along the southerly side of the pier at the foot of Canal Street a distance of sixtrtwo and eighty-three (62.83) hundredths feet to an angle point in said pier; thence northerly and at right angles to the last mentioned line and along the outer face of said pier a distance of nineteen and ninety-five hundredths (19.95) feet to an angle point in said pier; thence easterly and along the southerly side of said pier a distance of four hundred and forty-two and five hundredths (442.05) feet; thence northerty and at right angles to the last mentioned line a distance of about two hundred and forty-two (242) feet to the northerly line of the property belonging to The City of New York; thence westerly and along the northerly line of the property belong:Di to The City of New York a distance of about six hundred and sixty-two (662) itd to the easterly line of Front Street; thence southerly and along the easterly line of Front Street a distance of one hundred and twenty-five (125) feet to the southerly line of the property belonging to The City of New York; thence easterly and alori the southerly line of property belonging to The City of New York a distance of one hundred and forty-one (141) feet to an angle point in said line; thence southern and along the westerly side of the property belonging to The City of New York and the old crib bulkhead across the outsore end of Canal Street, a distance of de hundred and forty-three (143) feet to the point or place of beginning. Parcel BOuter end of pier at the foot of Canal Street, bounded and described as follows Beginning at a point in the southerly side of the pier at the foot of Canal Street Stapleton, Borough of Richmond, said point being distant four hundred and forty. two and five hundredths (442.05) feet east of an angle point in said pier mentioned in the second course of Parcel A; running thence easterly and along the souther. side of said pier a distance of seven hundred and sixty-one and sixty-three hundredths feet (761.63) to the outer end of said pier; thence northerly and along the outshore face of said pier a distance of sixty and seven hundredths feet (60.07) 9 the northerly side of said pier; thence westerly and along the northerly side of sad pier a distance of seven hundred and sixty-one and sixty-three hundredths (76163) feet to a point in same; thence southerly and at right angles to the first mentioned course a distance of sixty (60) feet to the point or place of beginning. The lease shall be for a term of ten (10) years commencing May 1, 1916. The lessee shall have the privilege of two (2) renewals of ten (10) years each. The rental for the first term of ten (10) years shall be at the rate of forty-two thousand dollars ($42,000) per annum, payable quarterly in advance at the office of the Department of Docks and Ferries, and for the first renewal term ten per cent. (10%) advance on the rental for the preceding term, and for the second renewal term the rental shall be fixed by arbitration as follows:

The Commissioner of Docks shall appoint a person to act on his behalf as arbitrator and the Company shall also appoint a person as arbitrator, and the arbitrator so appointed shall determine upon a fair and reasonable amount to be paid as rental. In case the arbitrators are unable within thirty days from the date of their appointment to agree as to the amount so to be paid as rental they shall appoint a third person to act as umpire, and if they are unable to agree within five days upon such umpire then, at the request of either of the parties to the said lease, he shall be appointed by the presiding Justice of the Appellate Division, First Department, and the decision cf two of the said persons so selected shall be conclusive and binding upon both parties to the lease,

The rent when so fixed shall not be less than ten per cent. (10%) advance on the rental for the first renewal term. Dredging shall be done by the lessee in the slips adjoining Parcel B to a depth of twenty-one (21) feet at mean low water and a new fender system installed by the lessee on the south side of Parcels A and B, being the southerly side of pier foot of Canal Street, Stapleton, Staten Island, retaining such of the present parts as in the judgment of the Chief Engineer of the Department of Docks and Ferries are suitable for their purposes. The contract for the work of d-edging and installation of the new fender system, after the receipt of bids therefor, shall be awarded to a contractor and for a contract price to be approved by the Commissioner of Docks. The work of this initial dredging and the installation of the new fender system shall be done under the direction and supervision of the Chief Engineer of the Department of Docks and Ferries, and the cost thereof certified to by bidder, which cost so certified shall be borne by the City and shall be deducted from the rental accruing under the lease of said pier. Thereafter and during the term of the lease or renewal thereof all dredging at the leased premises shall be done by the lessee at its own cost and expense, according to the provisions of the lease. The lessee shall have the right, at its own cost and expense, to erect a shed upon the premises leased in accordance with plans and specifications, to be submitted to and approved by the Chief Engineer of the Department of Docks and Ferries. Any and all sheds erected under the provisions of the lease shall revert to and become the property of The City of New York at the expiration or sooner termination of the lease. The lease to further provide that the north ferry rack in the slip adjoining the northerly side of the pier shall be removed at any time at the convenience of the Department of Docks and Ferries, but in case the slip room is required by the lessee after the period of one (1) year from the commencement of the lease of the premises that then the piles will be removed by the Department of Docks and Ferries as soon as practicable; the work of removal to be done at the cost and expense of the City. The remaining terms and conditions of the lease except in so far as they are inconsistent herewith shall be similar to those contained in leases of wharf property now used by the Department of Docks and Ferries.

The report was accepted and the resolution unanimously adopted.

Dock Department-Assignment by the New York Steam Co. to the Coal and

Delivery Company, Inc., of a Lease of the Portion of the New Made Land
Between Piers 19 and 20, East River.
The following was received from the Commissioner of Docks :

Pier A, North River, July 25, 1916. Hon. John PURROY MITCHEL, Mayor, and Chairman, Commissioners of the Sinking Fund:

Sir-The following application has been received from the New York Steam Company:

"Permission is hereby requested for The New York Steam Company to assign or sublease to The Coal and Delivery Company, Inc., its rights under the lease made with your department for the use of the Upiand on the Bulkhead hetween Piers 19 and 20, East River, on January 1st, 1916, the said lease extending to March 10th, 1924, with an extension of ten years thereafter.

"The Coal and Delivery Company, Inc., has been organized to take the place of the fuel department of The New York Steam Company and to pur. chase coal, haul it from the dock to the power plants and to provide coal storage yards, all solely for the purpose of keeping up a supply of fuel to the boilers of The New York Steam Company, a public utility corporation."

I beg to recommend that the Commissioners of the Sinking Fund approve of the assignment of subletting by the New York Steam Company to the Coal and Delivery Company, Inc. Respectfully yours,

R. A. C. SMITH, Commissioner of Docks. In connection therewith the Deputy and Acting Comptroller presented the fol lowing report and offered the following resolution :

July 28, 1916. To the Ilonorable the Commissioners of the Sinking Fund:

Gentlemen -On July 15th, 1916, the Commissioner of Docks, pursuant to a resilution adopted on May 18th, 1916, requested approval of an assignment by the New York Steam Company to The Coal and Delivery Company, Inc., of a lease dated January 13th, 1916, approved by resolution of the Commissioners of the Sinking Fund on December 8th, 1015, for a portion of the new made land between Piers 19 and 20), East River,

The lease with the New York Steam Company is for a term commencing you January 1st, 1910, and shall expire March 10th, 1924, with privilege of renewal for a further term of 10 years, at a rental of $1,000 per annum for the first term and for the renewal term at 10 per cent, advance per annum, it being understood the the lease shall be of no force or effect unless the New York Steam Company OLD from the Hartford and New York Transportation Company, upon terms and cu ditions to be approved by the Commissioner of Docks, a sublease of the bulk :) adjoining

The assignment requested stipulates that all the rights conveyed or lease ? the City under the lease be assigned to The Coal and Delivery Company, ire T additional rights of compensation being given or received by the New York in Company other than those conveyed by the City. I advise the adoptioc of se attached Resolution granting the request. Respectfully,

ALBERT E HADLOCK, Deputy and Acting Comptroller Resolved. That the Commissioners of the Sinking Fund hereby approve che assignment or subletting by the New York Steam Company to The Coal and Deirer Campany. Iner of a lease approved by resolution of the Commissi ners of the Sri ing tund December & 1915 and dated January 13, 1916, of the following de bei property beginning at a point in the bulkhead line established by the Beari I Dowks along the southerly side of South Street. said point being located twenty-ICT (4) feet east of the point of intersection of said bulkhead line and the easter! Ir w Pier 19, or Teck Slip Pier West, East River: running thence eastwardly and ! vaid bulkhead line a distance of forty-three and eighty-six hundredths (4380: **** an angle point in the same; thence eastwardly and along the bulkhead line, and "TIP detecting to the right three (3) degrees forty-two (42) minutes, thirty (30) ronas, de chistance of thirty-six and eighteen hurdredths (30.18) feet; thence bortvarily a along a live detect ng to the left an angle of ninety-one (91) degrees. Sirpa me 51 minutes teen (13) sends a distance of twenty and seventeen hundredth: 1 text: thence westwardly and along a line at right argles to the last mentine C a distance of rigny (0) teet: therce southwardly and along a line at rigirt arzio to the last mentioned course, a distance of twenty and forty-two hundredths feet to the point or place of beginning: containing an area of one thousand ever le Jred and in two (1.752) quare feet. Provided that ro other curs deration '

15 kind or nature directly or indirectly. shall be paid or allowed. or agreed to c or allowed. other than the agreement va the part of the assignee or u-lessce wum all the obligations of said kase.

The report was accepted and the resolution unanimously adopted.

Dock Department Subletting by the Central Railroad Company of New Jersey

to the United Fruit Company, ot Pier (New) 9, North River, Together with Adjoining Bulkheads. The following was received from the Commissioner of Docks:

Pier 4. North River. Tune 5. 1916. Hon, OHN PURKOY MITCHEL, Mayur, and Chairman of the CommissionCTS IN

Dear Sir At a meeting of the Commissioners of the Sinking Fund reid cember 17, 1413, a resolution was adopted approving of and consenting to ce ***

cution by the Commissioner of Docks of a lease to the Lehigh Valley Railroad Company of Pier New 8, near the foot of Rector Street, and Pier New 9, near the foot of Carlisle Street, North River, with certain bulkhead and marginal street area as more particularly described in the resolution, which resolution was subsequently modified on March 4, 1914.

These resolutions ratified an arrangement which had been made with the Kailroad Company whereby the City agreed to institute condemnation proceedings for the acquisition of private interests in Piers Old 8, 9, 10 and 11, North River, and the adjoining bulkheads, and, upon the vesting of title, turn this property over to the Company for improvements under the City's plan, the lessee paying the entire cost of the property and improvement.

Subsequently a lease dated January 13, 1914, was entered into between the City and the Lehigh Valley Railroad Company, pursuant to the terms of the resolution above referred to, for a period of ten years, with privileges of renewals aggregating approximately 39 years, the term being dependent upon the cost of the property to be acquired and the expense of improving it.

The Central Railroad Company of New Jersey had agreed to assume a proportion of the cost of the property and improvement, and, pursuant to such agreement, Pier New 9, together with the adjoining bulkheads, was assigned to the Central Railroad Company of New Jersey upon payment to the Lehigh Valley Railroad Company of the proportionate amount involved.

In order to accommodate the largely increased fleet of boats of the United Fruit Company operating between this city and West Indian and Gulf ports, the Central Railroad Company of New Jersey, at the request of this Department, has agreed to sublet to the United Fruit Company Pier New 9 and the adjoining bulkheads for a period of 5 years, with the privilege of renewal aggregating 25 years.

In my communication of May 17, 1916, on the subject of subletting of leases, I mentioned this matter and stated that I believed it would lead up to the improvement of the watefront south of Rector Street and the building of the marginal wharf westerly at West Street, to relieve the great congestion and traffic along this section by eliminating the present old and obsolete railroad piers and installing in their place new and modern steamship wharves.

I, therefore, beg to request that the Commissioners of the Sinking Fund adopt a resolution approving of my action in consenting to the subletting by the Central Railroad Company of New Jersey to the United Fruit Company of Pier New 9, North River, together with the adjoining bulkheads, as more particularly described as parcels “B” and “D” in the lease from the City to the Lehigh Valley Railrvad Company dated January 13, 1914. Yours very truly.

R. A. C. SMITH, Commissioner of Docks. Mr. Richard C. Harrison, Deputy Commissioner of Docks, appeared before the Board and was heard in regard to the proposed assignment.

There being no objection, the following resolution was offered for adoption.

Resolved, That the Commissioners of the Sinking Fund hereby approve of the action of the Commissioner of Docks in consenting to the subletting by the Central Railroad of New Jersey to the United Fruit Company of Pier new 9, North River, together with adjoining bulkheads, and more particularly described as Parcels "B" and “D," in the lease from the City to the Lehigh Valley Railroad Company dated January 13, 1914.

Which' resolution was unanimously adopted.

Board of Education-Amendment to Resolution Authorizing a Renewal of the

Lease to the City of Premises Corner of 67th St. and 18th Ave., Borough of Brooklyn.

The Deputy and Acting Comptroller presented the following report and offered the following resolution :

July 28, 1916. To the Honorable the Commissioners of the Sinking Fund:

Gentlemen--On July 13, 1916, the Commissioners of the Sinking Fund adopted a resolution approving of and consenting to the execution by the Board of Education of a renewal of the lease of the premises on the northwesterly corner of 67th Street and 18th Avenue, Borough of Brooklyn, occupied as Public School 180, for a period of one vear from September 1. 1916, with the privilege of renewal for an additional year thereafter, at an annual rental of $1,900, otherwise upon the same terms and conditions as contained in the existing lease.

The Secretary of the Board of Education in a communication to your Board under date of July 21, 1916, states the resolution of the Board of Education should

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