Proceedings

repair; the Board of Education to provide light, heat and janitor's service, make necessary alterations and provide sanitary accommodations.

A true copy of report and resolution adopted by the Executive Committee of the Board of Education on March 16, 1904:

A. EMERSON PALMER, Secretary, Board of Education.

In connection therewith the Comptroller presented the following report and offered the following resolution:

Hon. EDWARD M. GROUT, Comptroller:

APRIL 11, 1904.

SIR-The Board of Education, at a meeting held on March 16, 1904, adopted the following resolution:

· Resolved, That the Commissioners of the Sinking Fund be and they hereby are "requested to authorize a lease of the entire basement of the Ridgewood Reformed 'Church, situated on the southeast corner of Smith street and Rathjen avenue, Ever"green, Borough of Queens, for a term of two years from May 1, 1904, with the "privilege of renewal for an additional year, at an annual rental of $250 and water "rent, payable quarterly; the lessors, the Ridgewood Reformed Church, Rev. George "R. Israel, President, Frank W. Vail, Clerk, Evergreen, L. I., to keep the building "in repair; the Board of Education to provide light, heat and janitor's service, make "necessary alterations and provide sanitary accommodations.”

The Department of Buildings and the Department of Health having reported favorably upon the use of these premises for school purposes, I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authoriznig a lease of the premises, as requested by the Board of Education, the rent being reasonable and just.

Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution, by the Board of Education, of a lease to the City from the Ridgewood Reformed Church, Rev. George R. Israel, President, Frank W. Vail, Clerk, of the entire basement of the Ridgewood Reformed Chuch, situated on the southeast corner of Smith street and Rathjen avenue, Evergreen, Borough of Queens, for a term of two years from May 1, 1904, with the privilege of renewal for an additional year at an annual rental of two hundred and fifty dollars ($250) and water rent, payable quarterly; lessors to keep the building in repair; the Board of Education to provide light, heat and janitor service, make the necessary alterations and provide sanitary accommodations-the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report of the Appraiser of Real Estate and offered the following resolution, relative to a renewal of the lease of the parlor floor of premises No. 52 Sands street, Borough of Brooklyn, for the Board of Education : APRIL II, 1904.

Hon. EDWARD M. GROUT, Comptroller:

SIR-The Board of Education at a meeting held on March 16, 1904, adopted the following resolution:

"Resolved, That the Commissioners of the Sinking Fund be and they hereby are requested to authorize a renewal of the lease of the parlor floor of the premises "No. 52 Sands street, Borough of Brooklyn, for a period of one year from May 1, 1904, at an annual rental of $300, and on the same terms and conditions as in the "existing lease. Lessor, Asacog Club, Mrs. H. Knox, president, No. 177 Joralemon "street, Brooklyn.”

The Department of Health and the Department of Buildings having reported favorably upon the use of these premises for school purposes, I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing a renewal of this lease upon the same terms and conditions as are in the present existing lease.

Respectfully submitted for approval,

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution, by the Board of Education, of a renewal of the lease to the City from the Asacog Club, Mrs. H. Knox, president, of the parlor floor of premises No. 52 Sands street, Borough of Brooklyn, for a term of one year from May 1, 1994, at an annual rental of three hundred dollars ($300), payable quarterly; otherwise upon the same terms and conditions as contained in the existing leasethe Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made. The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report of the Appraiser of Real Estate and offered the following resolution, relative to a renewal of the lease of rooms in the Cord Meyer Building, on Broadway, Elmhurst, Borough of Queens, for the Board of Education:

Hon. EDWARD M. GROUT, Comptroller:

APRIL 11, 1904.

SIR-The Board of Education, at a meeting held on March 16, 1904, adopted the following resolution:

"Resolved, That the Commissioners of the Sinking Fund be and they hereby are requested to authorize a renewal of the lease of the two rooms on the south side of the "second floor in the Cord Meyer Building, Broadway, Elmhurst, Borough of Queens,

"for a period of one year from August 1, 1904, at an annual rental of one hundred 'and sixty-eight dollars, and on the same terms and conditions as in the existing lease. 'Owner, Cord Meyer Company, Cord Meyer, President, No. 62 William street, City."

The Department of Buildings and the Department of Health having reported favorably upon the use of these premises for office purposes, I would respectfully recommend that the Commissioners of the Sinking Fund adopt a resolution authorizing a renewal of this lease upon the same terms and conditions as are in the present existing lease. Respectfully submitted for approval,

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution, by the Board of Education, of a renewal of the lease to the City from the Cord Meyer Company, Cord Meyer, President, of the two rooms on the second floor, south side, in the Cord Meyer Building, Elmhurst, Borough of Queens, for a term of one year from August 1, 1904, at an annual rental of one hundred and sixty-eight dollars ($168), payable quarterly; otherwise, upon the same terms and conditions as contained in the existing lease-the Commissioners of the Sinking Fund deeming the said rent fair and reasonable, and that it would be for the interests of the City that such lease be made.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report and offered the following resolution relative to the assignment to the Fire Department of the unoccupied building known as Public School 66, situated on Bailey avenue and Albany road, Kingsbridge, Borough of The Bronx, turned over to the Commissioners of the Sinking Fund by the Board of Education until such time as they shall need the same for school purposes:

Hon. EDWARD M. GROUT, Comptroller:

tion:

APRIL 8, 1904.

SIR-On December 17, 1896, the Board of Education adopted the following resolu

Whereas, The old public school-house and site formerly occupied by Grammar "School 66, located at Kingsbridge, in the Thirty-fourth School Inspection District of "The City of New York, are no longer required for school purposes;

"Resolved, That the said premises be and the same are hereby transferred to the "custody of the Comptroller of The City of New York until such time as this Board may require the same for use."

The Board of Education, at a meeting held on the 23d day of March, 1904, adopted the following resolution:

"Whereas, A communication has been received from Hon. Nicholas J. Hayes, Fire "Commissioner, requesting that the unoccupied building, formerly known as Public School 66, situated at Bailey avenue and Albany road, Kingsbridge, The Bronx, "be turned over to the Fire Department for the purpose of using the same as a tempo

"rary headquarters for an engine company and a hook and ladder company, which are "very much needed in that vicinity; and

"Whereas, The said building was turned over to the Commissioners of the Sinking "Fund of 1896 until such time as it should be required for school purposes; therefore be it

"Resolved, That the Commissioners of the Sinking Fund be and they hereby are "requested to turn over to the Fire Department the unoccupied school building on "Bailey avenue and Albany road, Kingsbridge, The Bronx, until such time as the Department of Education shall request the surrender of the same for school purposes." I would respectfully request that the Commissioners of the Sinking Fund adopt a resolution assigning to the Fire Department the unoccupied building, formerly known as Public School 66, situated at Bailey avenue and Albany road, Kingsbridge, Borough of the Bronx, during the pleasure of the Commissioners of the Sinking Fund. Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Commissioners of the Sinking Fund hereby assign to the Fire Department, the unoccupied building known as Public School 66, situated on Bailey avenue and Albany road, Kingsbridge, Borough of The Bronx, said assignment to continue during the pleasure of the Commissioners of the Sinking Fund.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report and offered the following resolutions relative to the leases of premises Nos. 126 and 128 Livingston street, Borough of Brooklyn, for the Department of Public Charities:

Hon. EDWARD M. GROUT, Comptroller:

APRIL 5, 1904.

SIR-The Commissioners of the Sinking Fund, at a meeting held February 5, 1904, adopted a resolution authorizing a lease of the premises No. 126 Livingston street, Borough of Brooklyn, for a term of one year from April 1, 1904, with the privilege of a renewal for another year, at an annual rental of $1,000, and at the same time adopted another resolution authorizing a lease of the premises No. 128 Livingston street for a term of one year from April 1, 1904, at the same rental and under the same conditions. Both leases were for the use of the Department of Public Charities.

In a communication under date of March 29, 1904, Hon. James H. Tully, Commissioner of Public Charities, states that "the owners of the property have declined to renew the leases on the terms as indicated in the above resolutions, but we have finally settled upon the following terms, and would respectfully request that the leases be made in

accordance with these terms: The lease of Nos 126 and 128 Livingston street each for a term of five years from April 1, 1904, at an annual rental of $1,000 for each building, the City to pay water rates. Otherwise, on the same terms and conditions as is in present existing lease, but there should be a clause in the lease to the effect that the lease can be terminated upon three months' notice if the Department is furnished quarters in the proposed new Municipal Building to be erected in Brooklyn; also a clause to the effect that the City is to restore the buildings to their condition when originally rented, and a clause that if Livingston street is widened the owners are not to be held responsible for damages to the tenant. The Commissioner requests that when the lease is drawn on these terms to please forward the same to the agent of the owners, Mr. John Matthews, No. 12 Lafayette avenue, Brooklyn.

As to the terms of the lease with the terminating clause for the benefit of the City, I see no objection. I also see no objection to the City paying the water rates, and while this is an additional rental, at the same time by the Department allowing the water to run to waste it could be made an additional hardship to the owner. I also see no objection to the clause in the matter of the widening of Livingston street, for the reason that if Livingston street is widened as proposed, it will destroy the building, and the Department of Public Charities would have to seek quarters elsewhere. The owner is simply protecting himself in the matter of condemnation.

As to the clause in the lease to the effect that the City is "to restore the buildings to their condition when originally rented," I see great objection. These buildings were originally leased in May, 1899, and it will be impossible to tell at the end of five years, or to say even now, what condition the buildings were in at the time the lease was made in 1899, and I do not believe that the owner of the property can to-day state definitely what the condition of the buildings were in 1899. All rented buildings suffer more or less by use and occupation, and wear and tear of such occupation are allowed in all leases, and to permit this condition to be inserted in the lease would amount practically to rebuilding the building.

I would therefore respectfully recommend that the Commissioners of the Sinking Fund rescind both resolutions in the matter of these two leases adopted by them on February 5, 1904, and to adopt a resolution authorizing a lease of the premises No. 126 Livingston street, Borough of Brooklyn, with alley and horse-shed adjoining, for the use of the Department of Public Charities, for a term of five years from April 1, 1904, at an annual rental of one thousand dollars ($1,000), payable quarterly, the City in addition to pay the water rates and the lease to contain the following clauses:

The City to have the privilege of terminating this lease at any time during its term on three months' notice if the Department is furnished quarters in the proposed new Municipal Building. Also a clause that if Livingston street is widened during the term of the lease, this lease to terminate immediately on the vesting of title in the City and without recourse to either party.

Also premises No. 128 Livingston street, Borough of Brooklyn, for the use of the Department of Public Charities, for a term of five years from April 1, 1904, at an annual rental of one thousand dollars ($1,000), payable quarterly, the City in addition to pay water rates and the lease to contain the following clauses:

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