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amended by an agreement between the said City and the said 
Institute under date of September 9, 1912, this said area herein- 
before described and bounded, to be maintained and administered 
as a part of the said Brooklyn Botanic Garden and Arboretum 
under the same terms and conditions as now exist and are in force 
for the maintenance and administration of the said existing 
Brooklyn Botanic Garden and Arboretum, the said same terms 
and conditions as to cancellation and annulment by the party of 
the first part to apply to this additional tract of land described in 
this resolution precisely as the terms and conditions of cancella- 
tion and annulment apply to the lands in the original botanic 
garden established in pursuance of the agreement entered into 
between The City of New York, party of the first part, and the 
said Brooklyn Institute of Arts and Sciences, party of the second 
part, dated the 28th of December, 1909; and subject to the 
following additional conditions, namely: 
Provision for Possible Future Roadway 
“That the Board of Estimate and Apportionment of The 
City of New York, on the recommendation of the Board of Com- 
missioners of Public Parks of said City, reserves the right to with- 
draw from the lands hereinbefore described in this resolution, a 
strip of land across the southerly part of said lands from Wash- 
ington avenue toward the Willink Entrance of Prospect Park for 
the construction by the Department of Parks of a roadway 
thereon, the boundaries of said strip of land and the location of 
said roadway to be determined by said Board of Estimate and 
Apportionment on the recommendation of the said Board of 
Commissioners of Public Parks; and in laying out, grading and 
planting lands as hereinbefore described and bounded, due ac- 
count shall be taken of the possible need of such roadway in 
the future.” 
Requirements Concerning Pathway for Pedestrians 
‘The plans for the development and the use of these addi- 
tional lands shall include a pathway for pedestrians running 
across the lands from Washington avenue to a point on Flatbush 
avenue near the Willink Entrance to Prospect Part and such 
pathway shall be kept open at such hours and times as shall be 
