290 
Original Act and Agreement 
Wuereas, The City of New York, acting by tts Board of Esti- 
mate and Apportionment, party of the first part, and the Brook- 
lyn 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 establishment and 
maintenance of a botanic garden and arboretum on park lands in 
the Borough of Brooklyn, City of New York, and for the care 
of the same, in accordance with the terms and conditions as 
expressed in said agreement, and under authority granted to the 
said City of New York by chapter 509 of the Laws of 1897 and 
chapter 618 of the Laws of 1900; and 
Amendment of the Act of 1897 
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 
yy) 
same,’”’ generally; and 
First Amendment of Original Agreement of 1909 
WuerREAS, Said agreement, entered into on the 28th day of 
December, 1909, was amended on September 9, 1912, in pursuance 
of authority granted by said chapter 178 of the Laws of 1911; 
and 
Provisions of the Act of 1911 
Wuereas, Chapter 178 of the Laws of 1911 in section IT, 
authorizes the Board of Estimate and Apportionment of The City 
of New York in its discretion on the recommendation of the Board 
of Commissioners of Public Parks of the said City, to enter into 
an agreement on behalf of said City with the Brooklyn Institute 
of Arts and Sciences for the establishing and maintaining by the 
said Institute of a botanic garden and arboretum upon such 
terms and conditions as may be agreed to, on “any of the lands 
lying between Washington avenue and Flatbush avenue acquired 
or that may hereafter be acquired by the City of New York and 
bounded northerly by the land formerly dividing the old City of 
Brooklyn from the late Town of Flatbush, easterly by Washington 
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