1922] SARGENT, FIRST FIFTY 



133 



proper and substantial manner free of all charge and expense to the College 

 and its successors and assigns. That the City will during the said term 

 provide and maintain a proper and sufficient police in and about the 

 Arnold Arboretum and the said parts excepted from these presents and 

 the said roads, avenues, and parkways for the preservation of order and 

 good conduct and the observance of the rules hereinafter mentioned or 

 provided for. That no public street or highway and no steam or horse 

 railway or construction for like purposes shall be laid out through or over 

 any part of the Arnold Arboretum except in such places, if any, and in 

 such manner as the Park Commissioners and the College shall approve. 

 That if the water supply from the sources within the Arnold Arboretum 

 which the College has heretofore enjoyed for use in the said Arboretum 

 shall at any time be cut off, interrupted or impaired by the City or its 

 assigns the City will immediately provide at its own charge and expense 

 an equal or superior supply of water for the like use. And that if the 

 College, its successors or assigns shall be desirous of taking a renewed 

 lease of the said premises for the further term of One thousand years from 

 the expiration of the term hereby granted the City or its assigns will upon 

 the request and at the expense of the College, its successors or assigns and 

 upon its or their executing and delivering to the City or its assigns a 

 counterpart thereof forthwith execute and deliver to the College, its suc- 

 cessors or assigns a renewed lease of the said premises for the further term 

 of One thousand years at the same yearly rent and upon and subject to 

 the same restrictions, reservations, covenants, and conditions as are here- 

 in contained including this present covenant and so on from time to time 

 forever. And the College for itself and its successors and assigns cove- 

 nants with the City that the College will not commence or prosecute any 

 action, suit or other proceeding against the City for the enforcement or 

 recovery of any damages or claim which the College may have or be 

 entitled to against the City by reason of the said taking of the said 

 Arboretum land by the City. And that the Arnold Arboretum shall at 

 all reasonable times be open to the inspection of the public as a part of 

 the said Park subject to the rules hereinafter mentioned or provided for. 

 Provided, Always, and it is hereby declared that the City shall be at liberty 

 to erect and maintain suitable gateways for entrance thereto upon any of 

 the said excepted parts and to maintain gates there. And that no pavil- 

 ion, kiosk, urinal, museum, greenhouse, stable, shed, or other building 

 (except as above provided) shall be erected or maintained within the 

 Arnold Arboretum or in any of the said excepted parts or in any of the 

 said driveways or parkways without the prior consent of the Park Com- 

 missioners and the College. Provided, also, and it is hereby declared and 

 agreed that the use of the Arnold Arboretum and of the said excepted 

 parts and of the said roads, avenues and parkways by the City and its 

 assigns and the College, its successors and assigns and the public shall 

 be subject to the rules contained in the schedule hereto annexed and to 



