132 JOURN 



[VOL. Ill 



leased to the College for the term and upon the mutual restrictions, reserva- 

 tions, covenants and conditions hereinafter expressed. 



"Now this Indenture witnesseth that the City by virtue and in exercise 

 of the power and authority given to it by the said Act and of every other 

 power and authority it hereto enabling doth demise and lease unto the 

 College all that parcel of land delineated on a plan entitled 'The Arnold 

 Arboretum ' and to be recorded herewith in the Suffolk Registry of Deeds 

 situate in that part of Boston known as West Roxbury and bounded and 

 described as follows: — 



" Excepting and always reserving out of these presents all those parts of 

 the said lands delineated and marked on the said plan as driveways and 

 parkways and those parts of the same lands delineated and marked A and B 

 respectively on the said plan. And granting with the premises hereby 

 leased a free and unobstructed right of way upon and over all the said 

 excepted parts of the said lands and upon and over the driveways and 

 parkways delineated on the said plan and so marked thereon. 



"To have and to hold the premises hereby leased (hereinafter called 

 the Arnold Arboretum) unto the College and its successors and assigns 

 for the term of One thousand years from the date hereof without impeach- 

 ment of waste upon and for the same trusts, uses and purposes as those 

 upon and for which the said land held by the College for the purposes of 

 the said Arboretum at the said time of the passing of the said Act of the 

 year 1880 was then held under the will of Benjamin Bussey and the will 

 of James Arnold and a certain indenture dated the 29th day of March in 

 the year 1872 and made between George B. Emerson, John J. Dixwell 

 and Francis E. Parker as Trustees of the will of the said James Arnold of 

 the one part and the College of the other part in which indenture the trusts 

 provided for in the said will of James Arnold are declared in pursuance 

 of the directions in the said will contained. Yielding and paying therefor 



during 



And the City cove- 



nants with the College and its successors and assigns that the College and 

 its successors and assigns shall peaceably hold and enjoy the premises 

 hereby leased during the said term without any interference or control of 

 the City or any person claiming through or under it. That the City will at 

 all times save and keep harmless and indemnified the College and its suc- 

 cessors and assigns and keep the premises hereby leased free and discharged 

 of and from all taxes and assessments of every description which during 

 the said term may be assessed or payable in respect of or charged upon the 

 premises hereby leased or any part thereof. That the City will within a 

 reasonable time make and finish lit for use of good sound materials and 

 in a proper and workmanlike manner the driveways of which the sites 

 and dimensions are delineated on the said plan and so marked thereon 

 but at a cost not exceeding seventy-five thousand dollars, and that the 

 said driveways during the said term shall be repaired and maintained in a 



