284 
AGREEMENT OF SEPTEMBER 9, 1912, BETWEEN THE 
CITY OF NEW YORK AND THE BROOKLYN IN- 
STITUTE OF ARTS AND SCIENCES, AMENDING 
THE AGREEMENT OF DECEMBER 28, 1909, 
TOUCHING THE BROOKLYN 
BOTANIC GARDEN * 
Tuts AGREEMENT, made and concluded on the 9th day of September, in 
the year nineteen hundred and twelve, between The City of New York, 
acting by its Board of Estimate and Apportionment, party of the first part, and 
the Brooklyn Institute of Arts and Sciences, party of the second part, wit- 
nesseth: 
Wueretas, The City of New York, acting by its Board of Estimate and 
Apportionment, party of the first part, and the Brooklyn Institute of Arts 
and Sciences, acting by its Board of Trustees, party of the second part, 
entered into an agreement on the 28th day of December, in the year 1909, 
for the Pier nemates and maintenance of a Botanic Garden and Regine um 
2 
on park lands in the Borough of Brooklyn, City of New York, and f 
care of the same, in accordance with the terms and conditions as eae in 
said agreement, and under authority granted to the said City of New York by 
chapter 618 of the Laws of 1906; and 
Wuereas, Said chapter 618 of the Laws of 1906 has been amended ! by 
chapter 178 of the Laws of 1911, entitled ‘‘An Act to amend Chapter 509 of 
the Laws of 1897, entitled ‘An Act to provide for the establishment of a 
Botanic Garden and Arboretum on Park Lands in the City of Brooklyn, and 
for the care of the same,’”’ generally; and 
Wuertras, The Commissioner of the Department of Water Supply, Gas 
and Electricity having certified to the Commissioners of the Sinking Fund, 
under date of August 5, 1911, that two parcels of Prospect Heights Reservoir 
Land heremartet described are no longer needed for reservoir a ai and 
Wuereas, The Board of Park Commissioners of The City of New York, 
on see 14, 1911, recommended to the ae of the snk 
Fund that the same two parcels of land hereinafter described be transferred t 
the custody of the Department of Parks for use as a Botanic Garden ae 
Arboretum; and 
* This Amendment was executed in triplicate, and one copy deposited 
with the Secretary of the Board of Estimate and Apportionment, one with 
the Comptroller of the City of New York, and one with the Treasurer of 
ia 2 ooklyn Institute of Arts and Sciences 
* the terms of this Agreement two parcels of Mt. Prospect Reservoir 
me since known as the ‘‘ North Addition,’ were assigned to the Botanic 
Garden, and the Garden authorities were empowered to use the income of the 
original $50,000 of private funds not only “for the purchase of plants, flowers, 
shrubs, and trees,” as restricted in the original Agreement of 1909, but also 
“for other purposes in connection with said Botanic Garden and Arboretum.” 
'See p. 271 
