And in case the said party of the second part shall make default herein, and shall neglect refuse to make such repairs or do such dredging within a reasonable time after notice to make o do the same shall have been given by the said parties of the first part or by any proper depart ment, board or officer of the parties of the first part, then this grant and everything herein contained shall be forfeited and the party of the second part will pay to the said parties of the first part such dainages as they may have sustained, or at their, its or his option the said parties of the first part or any proper department, board or officer of the parties of the first part may make such repairs or do such dredging and the full cost and expense thereof shall and will be paid on demand by the said party of the second part to the said parties of the first part.

And the said party of the second part doth further covenant, promise and agree to and with the said parties of the first part that if at any time during the aforesaid term any accident to person or persons or property shall occur on or in proximity to the said demised premises, being the result of or occasioned by the act or omission, carelessness or negligence of the said party of the second part, its officers, agents or servants, or any of them, and in any action brought to recover damages therefor, judgment shall be obtained against the said parties of the first part, then and in such case and in every such case the said party of the second part, on demand being made in writing, shall and will pay to the said parties of the first part the amount of such judgment so obtained against them, together with all costs, counsel fees and expenses which the said parties of the first part shall have incurred or may be subjected to in the defense of such action, provided that the party of the second part have notice of such action and opportunity to defend.

And the said party of the second part doth further covenant, promise and agree to and with the said parties of the first part that if at any time during the aforesaid term the said parties of the first part or their proper department, board or officers shall determine to widen South street in front of said demised premises pursuant to any law providing for such widening or for the improvement of the water-front of The City of New York and in accordance with any plan lawfully adopted therefor, then and in such case and on being thereunto required by the said parties of the first part or by their said proper department, board or officer the said party of the second part shall and will surrender and yield up to the said parties of the first part so much of the said easterly half of Pier 22 and of the westerly half of Pier 23, and of the bulkhead and lands under water and waters of the slip between the said piers as they or he may deem necessary or require to enable the said parties of the first part or such department, board or officer to widen South street or make such improvement as aforesaid, and will at its own expense remove the said market building out into the said slip so as to afford ample room for the making of such widening and improvement, and so that the westwardly or landward side of the said market building shall be at or beyond the outer line of South street as so widened.

And the said party of the second part further covenants and agrees to and with the said parties of the first part that the said demised premises shall and will at all times during the said term be maintained and used as and for the purposes of a public fish market and not otherwise and pursuant and subject to the provisions of an act of the legislature of the State of New York passed April 22, 1869, entitled "An Act to incorporate the Fulton Market Fishmongers' Association of The City of New York," and to the provisions of another act of the legislature of the State of New York passed May 10, 1883, entitled "An Act to amend chapter two hundred and seventy-seven of the laws of eighteen hundred and sixty-nine, entitled an Act to incorporate the Fulton Market Fishmongers' Association of The City of New York," and subject also to the laws, ordinances and regulations of the corporation of The City of New York relating to public markets not inconsistent with the purpose of said acts. And it is expressly understood and agreed by and between the parties hereto that this demise and lease is and shall be for the use of the persons in said acts mentioned and intended. And the said parties of the first part hereby covenant and agree that the said party of the second part paying the yearly rent above reserved and performing, keeping and observing all the covenants, agreements, terms and conditions aforesaid on its part shall and may at all times

during the term hereby granted, peaceably and quietly have, hold and enjoy the said demised premises (except as hereinbefore agreed) without any let, suit, trouble or hindrance of or from the said parties of the first part or any other person or persons whomsoever.

That the said party of the second part hereby covenants and agrees that on the last day of the said term, or other sooner determination of the estate hereby granted the said party of the second part shall and will peaceably and quietly leave, surrender and yield up unto the said parties of the first part all and singular the said demised premises.

22 ER

To each and every of the covenants, promises and agreements, terms and conditions herein contained on the part of the said parties of the first part they bind themselves, their successors and assigns to the said party of the second part, its successors and assigns.

And to each and every of the covenants, promises, agreements, terms and conditions herein contained on the part of the said party of the second part it binds itself, its successors and assigns to the said parties of the first part, their successors and assigns.

In Witness Whereof, To these presents in duplicate the parties of the first part have caused their common seal to be affixed, and the party of the second part has caused its corporate seal to be affixed and its president and secretary have set their names the day and year first above written.

The word "pink" being stricken out on the fourth page and the word "blue" being interlined directly over it before execution.

FRANKLIN EDSON, Mayor.

Attest:

F. J. TWOMEY, Clerk, Common Council.

[L. S.]

S. B. MILLER,

President Fulton Market Fishmongers' Association.

BENJAMIN W. WEST, Secretary Fulton Market Fishmongers' Association.

State of New York, City and County of New York, ss. :

[L.S.]

On this 10th day of May, 1886, before me came Francis J. Twomey, to me personally known who, being by me duly sworn, did depose and say as follows: I reside in the City of New York and am Clerk of the Common Council of said City. I know the common seal of The Mayor, Aldermen and Commonalty of the City of New York, the seal affixed to the foregoing instrument purporting to be such common seal is such in fact and was so affixed by due authority of law.

HENRY A. VAN PELT, Commissioner of Deeds.

State of New York, City and County of New York, ss. :

On this 29th day of May, 1884, before me personally came Samuel B. Miller and Benjamin W. West, to me personally known, who being by me severally duly sworn, did depose and say each for himself as follows: That the said Samuel B. Miller resided in the City of Brooklyn and was President of the Fulton Market Fishmongers' Association of The City of New York, and that the said Benjamin W. West resided in the City of Brooklyn and was Secretary of the said association ; that he knew the corporate seal of the said association. That the seal affixed to the foregoing instrument was such corporate seal. That it was so affixed by order of the Board of Directors of said association, and that by like order he thereto signed his name and official designation.

ABEL CROOK, Notary Public, Kings County. Certificate filed in N. Y. Co. Recorded preceding at the request of Abel Crook, October 7, 1886, at (welve o'clock thirty-five minutes, P. M. JOHN REILLY, Register.

Know all men by these presents: That we, the Fulton Market Fishmongers' Association of The City of New York and S. B. Miller and Samuel L. Storer, both of the City of Brooklyn, are held and firmly bound to The Mayor, Aldermen and Commonalty of the City of New York in the sum of twenty-four thousand dollars, law ful money of the United States of America to be paid to the said The Mayor, Aldermen and Commonalty of the City of New York, or to their certain attorney, successors or assigns, for which payment well and truly to be paid we bind ourselves and our respective successors, heirs, executors and administrators jointly and severally firmly by these presents. Sealed with our seals. Dated the first day of May in the year one thousand eight hundred and eighty-four.

Whereas, In and by a certain indenture in writing or lease bearing even date and simultaneously executed and delivered herewith and one part whereof is hereto annexed, the above-named obligees, The Mayor, Aldermen and Commonalty of the City of New York have demised and leased to the above-named obligor, the Fulton Market Fishmongers' Association of The City of New York for a term of twenty-one years the building now used and occupied as a fish market at the slip on the East river in the City and State of New York, next northeasterly of Fulton slip, together with certain premises and wharf property, and in and by said lease the said lessee has convenanted and agreed to pay certain rents or sums of money and perform, fulfill and keep and observe certain other covenants, promises, agreements, terms and conditions.

Now, therefore, the condition of the above obligation is such that if the said obligor, the Fulton Market Fishmongers' Association of The City of New York, its successors or assigns shall and do pay, perform, fulfill, keep and observe, or cause or procure to be paid, performed, fulfilled, kept and observed each and every of the payments or sums of money, covenants, agreements, terms and conditions in said lease contained on its and their part or behalf to be paid, performed, fulfilled, kept or observed, then the above obligation to be void, otherwise to remain in full force and virtue.

On this 29th day of May, 1884, before me personally came Samuel B. Miller and Samuel L. Storer, to me personally known to be the same persons described in and who executed the foregoing instrument and severally acknowledged that they executed the same.

ABEL CROOK, Notary Public, Kings County.

State of New York, City and County of New York, ss. :

Certificate filed in N. Y. County.

On this 29th day of May, 1884, before me personally came Samuel B. Miller and Benjamin W. West, to me personally known, who being by me severally duly sworn did depose and say each for himself, as follows: That the said Samuel B. Miller resided in the City of Brooklyn and was President of the Fulton Market Fishmongers' Association of The City of New York; that the said Benjamin W. West resided in the City of Brooklyn and was Secretary of the said association, that he knew the corporate seal of the said association; that the seal affixed to the foregoing instrument was such corporate seal; that it was so affixed by order of the Board of Directors of said association, and that by like order he thereto signed his name and official designation.

ABEL CROOK, Notary Public, Kings County. Certificate filed in N. Y. Co. Recorded the preceding at the request of Abel Crook, October 7, 1886, at twelve o'clock thirty-five minutes P. M.

Witness my hand:

JOHN REILLY, Register.