10 
Plans and Development 
Tuirv.—That plans for said botanic garden and arboretum shall be pre- 
pared as soon as possible after the execution of this agreement, and upon 
their approval by the Board of Park Commissioners of said City of New 
York, the party of the second part shall proceed to establish, develop and 
maintain on the said land a botanic garden and arboretum in accordance 
with said plans. 
Use of Buildings 
FourtH.—That upon the completion of any plant house or plant houses, 
or rooms for instruction in botany on said land by the party of the first 
part, acting through its Board of Park Commissioners, the Brooklyn Insti- 
tute of Arts and Sciences shall enter into possession of said plant house 
or houses, and rooms for instruction, and shall use the same jn connection 
with, or as a part of said botanic garden and arboretum for the care and 
culture of tender or other plants, indigenous or exotic, and for the giving 
of instruction in botany to the residents of the City of New York, in 
accordance with the provisions of Section 2 of said Chapter 618 of the 
Laws of 1906. 
Loss by Fire, and Repairs 
Firru.—That neither the party of the first part, its successor or suc- 
cessors, shall be in any manner chargeable or liable for the preservation 
f said plant house or plant houses, or rooms for instruction, or other 
structures, or for the machinery or equipment, or contents thereof, or for 
the property of the party of the second part which may be placed in said 
botanic garden and arboretum covered or included within this agreement, 
or in any buildings, erected thereon against fire nor for any damage or 
for injury which may be caused by fire to said property; but it is agreed 
that the damages aforesaid excepted, the said party of the first part shall 
make, at its own cost and expense such changes, repairs, alterations and 
renewals in the buildings, machinery, and stationary equipment of the 
same, as may from time to time be agreed upon between the party of the 
first part, acting by its Commissioner of Parks for the Boroughs of 
Brooklyn and Queens, and the party of the second part; and all such 
changes, repairs, alterations or renewals shall be made upon plans and 
specifications provided by the party of the first part and approved by the 
party of the second part. 
Annual Maintenance 
Sixtu.—That the said party of the first part hereby agrees FRoM AND 
AFTER JANUARY I, 1910, to provide or appropriate annually for the use of 
the party of the second part, such sum or sums o money AS MAY SEEM ‘to 
THE SAID PARTY OF THE FIRST PART TO BE NECESSARY FOR PROPER MAINTE- 
NANCE; and it is expressly understood and agreed by and between the par- 
ties hereto that such sum or sums so appropriated shall be expended by 
the party of the second part for the care and maintenance of said botanic 
garden and arboretum, its grounds, buildings, apparatus, library and col- 
