Torres Rojas, Genara

From: Sent: To: Co: Subject: Ofncdefmott@postschell.com Friday, October 12, 2012 2:07 PM Duffy, Daniel Torres Rojas, Genara; Van Duyne, Sheree Freedom of Information Online Request Form

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Information: First Name: Paula Last Name: McDernioit Company; Post &Sche!l, P.C. Mailing Address 1: 17 N. 2d street, 12th floor Mailing Address 2: City: flarrisburg Slate: PA Zip Code; 17101 Email Address; pmcdermottf5^pQsischell.com Phone: 7176126012 Required copies of the records: Yes List of specific record(s}: Original lease 1947 between Port Authority and New York City for airports

THE PORT AlfTHORmr OF NY & N J
Daniel D. Duffy FOI Administrator

October 23, 2012

Ms. Paula McDermott Post &Schell, P.C. 17 N. 2nd Street, 12th Floor Harrisburg, PA 17101 Re: Freedom of Information Reference No. 13522 Dear Ms. McDermott: This is a response to your October 12, 2012 request, which has been processed under the Port Authority's Freedom of Information Code (the "Code", copy attached) for a copy of the original lease 1947 between the Port Authority and New York City for airports. Material responsive to your request and available under the Code can be found on the Port Authority's website at htip://\vw\v.panvni.gov/corDorate-information/foi/13522-LPA.pdf. Paper copies of the available records are available upon request. Certain material responsive to your request is exempt from disclosure pursuant to Exemptions (1) and (4) of the Code. Please refer to the above FOI reference number in any future correspondence relating to your request. Very truly yours,

Daniel D.TJuffy FOI Administrator Attachment

225 Park Avenue Soulh New York,, NY 10003 T: 212 ^55 5642 F: 212 435 7555

Reprinted as of January, 1980

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THE CTTY OF NEW YORK and

THE PORT OF NEW YORK AUTHORITY

Agreement with respect to Municipal Air Terminals

Dated April 17,1947

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*This reprint includes all supplements as of September 1971

TABLE OF CONTENTS

PAGE 1. 2. 5. 4. ). 6. 78. 9< 10. H> 12. 13. U. I). 16. 17. 18. 19. 20. 21. 22. 2}. 24. 35. 26. 27. Definitions L e a s e ot Hemised Premises Term nent Tlepnirs Petsonul H/openy Assijtomem and Mortgages Aceouncs t^inanctng and Development of Air Teintinats Competitive Fsciliiies Garbage RemovaL Snow Removal, Police and Fire Pioteccion . . . . Operating Comraccs Sewei and Other Rights Reserved to the City Vatet Service Insurance Relocation of Tenants Legislation Federal Aid Acquisition of Lands by the City Physical Changes Policy in Regard to City Ordinances and Regulscions Additiotul Lands and interests Therein Condemnation ot Ac<Tuisition by Others Approach Zones. Transition Zones and Turning Zones Area *M" Adraceni to LaGuardia Airpon City Streets Vithin Demised Premises Van Wycle Espressway . . . . , , 1 4 4 5 6 6 7 7 B 9 10 II 12 13 14 1$ 16 16 l6 16 17 17 17 19 19 20 20

TABLE OF OONTONTS „ 28. 29. 80. 81. 82. S3. 84. 85. 86. 37. 38. S9. 40. City ConstnictioD Contracts Floyd Bennett Field Ttaaste of CivU Seirvioe Employees Inspection * Covcoant of Quiet Enjosrmeat Bights and Remfdim Qodixg of Service Road Section Heading Notice MisoeUaneouB Charges Against Operations ;..... Intoest on Refunding Bonds Artiitratioo Re: Accounting . . . . . . ^ PAGE 20 .21 .22 .23 .23 J23 .23 .23 .23 .24 .^ .25 . . . : . . J25

SUPPLEMENTAL AGREEMENTS
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First Second Third Fourth Fifth Sixti) Seventh Eigbtta

DATED May 26,1949 November 7,1962 May 28,1966 November 6,1968 October S, 1960 JUigost 24,1965 December 21,1965 December 12,1968

A g r W U t P l l l , made this 17th day of April, 1&47, by and between The City of Now York, a municipal corporation of the State of New York with its principal office at tfao Citf Hall, in the Borough of Manhattan, City of N«v York, (hereinafter called the '*City*'), and The Port of New York Authoritx, a body corporate and politic, created by compact between the States of New York and New Jersey with the consent of Congrosa with its office at 111 Sighth Avenue, Borough of Manhattan, City of Kcw York, (hereinafter called the '*Port Authority'*).
WRSWAS, the City and Port Authority are agreed that the improvement, development, operation and maintenance of Idlewild Airport, LaGnardia Airport and Floyd Bennett Field by the Port Authority and at its expense will be in the public intereat, and WHEREAS, by chapters Kight hundred two and Forty-three, respectively, of the Laws of New York and the Laws of New Jersey of 1947, sud two states have declared it to be their policy to encourage the integration of air terminals within the Port of Nevr York District so far as practicable in a unified system, and in furtherance of said policy have authorised the Fort Authority to improve, develop, operate and maintain air terminals, and have authorised and empowered cities and other municipalities in the Port of New York District to consent to the use by the Port Authority of any air terminals owned by them and of any real and personal property owned by them, and

'WiicRx:4s, the City, by resolution duly adopted by its Board of Estimate on the 17th day of April, 1947, ((Tal Na 5) authbrized the execution and delivery of tliis agreement, and *
TTIIXIIBAS, >y resolution duly adopted by its Board of Commissioners on the 17Ui day of April, 1947; the Port Authority authorized the execution and delivery of thin agreement,

Now, TEzaaroBK, the City aud the Port Authority hereby mutually undertake, promise and agrea, each for itself ind its successors and assigns as follows: », 1. Dzmcmova As used in this agreement the following words and phrases shall be construed as follows:

"MAP I " , "MAP I I " and " M A P H I " shall mean the maps annexed>oreio marked Map I, Map II and Map III. '*Aif Terminar* sball mean an air terminal as defined in Section 8 of Chapter Eight hundred two of the Laws of New York, 1947 and Chapter Forty three, Laws of Now Jersey, 1947, "Demisod premises" shall mean (a) the lands shown in green on Map I, Map IT, and subject to the provisions of section 29 hereof. Map HI annexed hereto; (b) the buildings, structures and other improvements thereon; (c) all items of personal property now owned by the City and listed in the schedule **C" hereto annexed; (d) such other parcels of property, easements and interests in land as are listed in schedule " A " hereto annexed; (e) additional and after acquired property as well as improvements thereon and equipment used exclusively in connection with the operation of the municipal air terminals and purchased or acquired for municipal air terminal purposes. "LaGnardia Airport" shall mean an air terminal situated upon the portion of the demised premises shown in green upon Map I and upon such premises contiguous thereto as may be acquired by ot in the name of either party for use in connection with that portion ot thf demised premises. "Idlewild Airport" shall mean an air terminal situated upon the portion of the demised premises shown in green upon Map II and upon such premises contiguous thereto as may be acquired by or in the name of either party for use in connection with that portion of the demised premises. *'Floyd Bennett Field" shall moan an air terminal situated upon the portion of lbs demised promises shown in green upon Map III, and upon such premises contiguous thereto as may be acquired by or in the name of either party for use in connection with that portion of the demised premises. "Municipal aic terminals" shall mean Idlewild Airport, LaGnardia Airport and Floyd Benr^tt Field. "Bonds issued for munidpal air terminal purposes", shall mean bonds, notos, securities or other obligations or evidences of indebtedness of the Port Authority (including refunding issues) issued by it to'provide funds for the effectuation, establishmontf construction, rehabilitation, improvement, maintenance or operation of the municipal air terminals, and for purposes incidental thereto, including without limiting the generality hereof, the acquisition of such contiguous premises, the acquisition of air space for approach zones, transition zones and taming zones, end

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the establishment, maintenance and operation of beacons or other aids to avigation at sites removed from such air terminals. The proceeds of such bonds shall be used solely for such purposes. "Approach zones", "transition zones", and "turning zones" shall mean approach sonoB, transition zones and turning zones (for aircraft at runways at sir terminals) having the dimensions and other eharaoteristics shown on Drawing No. 672, dated September 1, 1946, of the Office of Airports of the Ciril Aeronautics Administration of the United States Department of Commerce, a copy of which is annexed hereto. "Gross operating revenue", shall moan gross operating revenues of the Port Authority from the municipal air terminals from whatever source derived. "Net operating revenue" shall moan tlie amount remaining after dedneting the following items from the gross operating revenue: (a) The expense of the Port Authority directly attributable to the operation and maintenance of the munidpal air terminals (other than the rent pay. able to the City by the Port Authority for the demised premises and general administrative expenses.) No dcdactibo, allowance, or provision for depreciation is to bo included in the expenses of operation and maintenance. (b) Ten par cent of such operating and maintenance expense for administration. (c) Interest at the coupon or stated rate upon outstanding Port Authority bonds issued for municipal air terminal purposes. (d) Amounts required to be paid into sinking funds annuslly for the redemption of sinking fund bonds issued for municipal sir terminal purposes. (c) Amount required for serial maturities of bonds issued for mnnicipal air terminal purposes. (f) Amortization (upon a twenty year basis) of Port Authority funds, but not interest, (other tlian bond proceeds or federal or state grants) expended upon capital improvements at (he municipal air terminals. "Anntial.net revenue" shall mean net operating revenue computed upon a calendar year basis. "Plane movement" shall mean either the landing or the taking off of nn nivcraft, nnd the Inndin;? and taking oft of an nircrnft shall he deemed to consUtnto two plane movements.

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l-iKASE OF DzMISgD PHZMISES

The City herebjE demises and leases to the Port Authority, and the Port Authority does hereby take and hire from the City for air terminal purposes and for purposes incidental thereto the following property: (a) the lands shown In green on Map I, Map II and' subject U the provisions of section 29 hereof, Map III annozod hereto, aseeptl&g therefrom, howavar, the parcels designated on said Map I I as 5, 6, and 7, possession of which parcels shall be given to the Port Authority upon vesting of title thereto in the City, but the failure to give such poasessioQ prior to the vesting of title shall in no way affect the rental to be paid hereunder as hereinafter provided; (b) the buildings, structures and other hnprovements thereon; (c) oU items of personal property now owned by the City and listed in the Schedule " C " hereto annexed; (d) sudi other parcels of property, easements and interests in land as are listed in Schedule " A " hereto annexed; (e) additional and after aequirei) property as well as improvements thereon and equipment used exclusively in connection with the operation of the muxudpal air terminals and purchased or acquired for municipal air terminal purposes; all of which the Port Authority shall have and bold for and during the term hereinafter specified. The City hereby consents to the use of the demised premises for the purpose? herein stated. If within ten (10) years from the date of this agreement the construction of Nassau Expressway has been authorized and actually started, the Port Authority hereby consents to the redaction of the demised premises to the extent of all or any part of the strip shown on Map II and marked "future Naasau Expressway" without any reduction of rent, subject however, to the provision that the northerly boundary of the munidpal air terminal shown on Map II shall run along Nassau Expressway and that access between the Expressway and the denused premises shall be provided at at least two points along the same and that a traffic interchange shall also'bo provided at a third point along the ssme.
3. TEBM

The term for which the demised premises are leased shall commence on the first day of June, 1947, subject to the provisions hereafter set forth in section 12, and shall expire on the day when all of the bonds issued by the Port Authority for munidpal air terminal purposes shall have been paid; provided, that for the purpose of determining the date of the expiration of said term, matured bonds not presented for payment at the date of maturity and called bonds not presented for payment at the date set for redemption, shall be conddered as paid.

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The Port Authority ^hall not issue any bonds for Munidpal Air Terminal purI*08os maturing later than May 31,1997 and any bonds BO issued and moturing subsequent to May 32, 1997 shall not be taken into consideration in determining the date of the expiration of said term. Upon the expiration or sooner termination of said term the Port Authority covenants and iagrecs that it will give up, surrender and deliver to the City the demised premises togetlier wiUi all buildings, structures and improvements thereoui as well as all personal property, furniture, fixtures. and other equipment contained therein and used exclusively in connection with the operation of the munidpal air terminals, the intent being that when the demised premises are returned to the City such premises shall be in good condition ae operating airports, depredation, obsolescence, ordinary- wear and tesr excepted, all of which shall be free and dear of any nnd all liens, debts or encumbrances of whstsoever kind, nature and description.
4. REKT

The Port Authority sball pay to the City as rent for the demised premises for each calendar year, either (s) a minimum annual rent which, for the period from June 1, 1947 to December 31, 1956, shall be at the rate of (350,000 per year and which for the balance of the term for which the demised premises are leased shall be at the rate of $450,000 per year, or (b) in the alternate, but only under the circumstances hereinafter specified, a percentage of the net revenue of the municipal air terminals. If the net operating revenue of the munidpal air terminals for a period from June 1,1947 through the last day of any calendar year, less the aggregate rent for the period, shall exceed five per cent (5^) of the total of the following two amounts, to wit: (1) the prindpal amount of all Port Authority bonds issued for municipal air terminal purposes (except for hangars, shops and related facilities [other tlmn general purpose hangars, shops and related fadlities] and gasoline distribution systems and related facilities) and outstanding on the last day of such calendar year, less the assets of any sinking fund established for the redemption of sinking fund bonds issued for munidpal air terminal purposes, and (2) the aggregate amouiil nf interest payable on such bonds at their coupon or stated rate from the last day of such calpndar year to the date of their

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moturity, less iniGniRt on such sinking fund assets for the annic peri(»<l ai the samu rale, iiion tlic rent to bo puid by the Port Auihority for the succeeding cjilenU^ir •car, shall bo either the minimum rent hereinbefore specified or seveniy-five pt;;• ont (75%) of the annual not rovonuu for such succeeding calendar year (whicbcver is greater). For the purpose of computing routs, revenues and cxx>ensc8, any revenues recdved or derived by the Port Authority from properties contiguous to the demised premises, and used liy it for air terminal purposes, and any expenses incurred by it in the operation and maintenance of such contiguous properties, and any income derived or expenses incurred in connection with beacons, guides or other aids to avigation acquired, owned or operated by it at sites away from the munidpal air terminals, shall be deemed to be revenues and expense of the munidpal air terminals. The rent to be paid by the Port Authority for each year shall be due and pay* able to the City on or before January 31 of the following year. Ko breach of any covenant, term or condition In this agreement shall excuse the Port Authority from the prompt payment of the rent herein reserved.
u. REpAns

The Port Authority t,\tiui lake good care oi tlic demised preuiises together witli all improvements, fixtures and personal property therein, whether now on the premises or hereafter added, and shall make all necessary repairs, inside and outside, structural or otherwise, so as to maintain and preserve them in good order and condition and keep the demised premises as operating airports in good condition, ordinary wear and tear excepted. G.
PEBSOWAI, PaopEsry

The Port Authority shall have the right to use all of the equipment and persoiini property located at the demised premises and listed in Schedule C hereto annexed, . • •': any and all equipment and personal property acquired or intended for installation or use at the demised premises whether contained therein or stored elsewhere. It Is Understood And Agreed that such personal property is expendable and the Port Authority shall have no obligation to replace the same and any such personal

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property whidi may become worn cut or obsolete may be disposed of by the Port Authority in its discretion. The Port Authority shall, however, replace such equipment as may bo required to keep the demised premis«is operating as going airports. All equipment used exoludvely In connection with the operation of tho demised premises as municipal air terminals and purchased or acquired for munidpal air terminal purposes shall be turned over and become the property of the City upon the termination of tbis agreement
7. ASSICKMEWT AND MOBTnACES

The Port Authority shall not assign, mortgage, pledge, hypothecate, or encumber this agreement or any part thereof or sublet the demised premises or one or more of tlic munidpal air terminals in its or thdr entirety. In the event tlus lease is assigned, pledged, mortgaged, hypothecated, or encumbered in any way, or sublet in violation of the provisions hereof, the City, in addition to any other remedies it may have, may'collect rent from any assignee of the premises or any undertenant or occupant thereof, and apply the net rent collected to the rent reserved herein; hut no such .assignment, occupancy, or collection shall be deemed a waiver of this covenant or the acceptance of the assignee or subtenant as a tenant or a release of the Port Authority from the further performance by it of the covenants on its part to be performed. The Port Authority may sublet or sublease parts of the demised premises for the purposes set forth in Section 2 hereof and enter into other agreements with third persons for the use thereof for such purpose. This consent shall not, however, include the right to sublet the entire demised premises or to sublet one or more of the municipal air terminals in its entirety. Nothing in this section contained shall prevent the Port Authority from pledging, in whole or in part, the revenues of tlie municipal air terminals other than the rent payable to the City, as security for the psyment of bonds issued for municipal air terminal purposes and for the fulfillment of other obligations assumed by it, to or for the benefit of the holders of such bonds, or from making such bonds a lien or charge upon such revenues.
6. ACCOTTKTS

The Port Authority shall keep separate books, records and accounts in regard to the financing, refinandng, construction, operation, and maintenance of the demised

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premises, and the Comptroller of the City of New York and his designated representatives shall have the right to inspect such books, records, and accounts during regular business hours. The Port Authority shall deliver to the Comptroller of the City on or before the 31st day of January of each and every year of the term hereof a complete report and accounts in regard to the financing, refinandng, construction, oporaUoB and maintenance of the demised premises and shall also furnish a copy of any audit report made by the internal auditors of the Port Authority or by independent aceountiuits relating to the munidpal air terminals or the demised premises. 9. FiKAWOiKO Aim DEVELOPMEyT or Am TBBMIKALB The Port Aathority sball be obligated to provide from the proceeds of the sale of its bonds or other avaUable ftmds, such amounts as may be necessary to rehabilitate, expand, improve and develop the munidpal air terminals, up to the sum of $198,500,000 in the aggregate, induding cost of hangars, (the intent hereof being that the Port Authority shall not be obligated to make capital expenditures in the three munidpal oit terminals aggregating in excess of that amount) but the Port Authority shall have the right in its discretion to issue bonds and to make expenditures In excess of that amount for air terminal purposes in connection with the munidpal air terminals. None of the bonds issued by the Port Authority shall be a lies or charge upon the demised premises. Subject to the foregoing, the Port Authority shall rehabilitate, expand, improve, and develop the nunidpal air terminals as first-class modem air terminals. To this end it shall do, among other things, the following in accordance with modem engineering procedure: (a) Bestore and retam at proper elevation the eastern portion of LsGuardia Airport. (b) Extend and improve a runway or runways at LaGuardia Airport to the extant necessary to keep the field in operation during the restoration of the eastern portion thereof. (c) Construct a new and enlarged terminal building and terminal srea for LaGuardia Airport (d) Develop Idlewild Airport as a multiple runway field with a capacity of 1,000 plane movements per day, and provide thereat such new runway or runways as may be desirable for instrument operations.
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(o) Construct such building or buildings nt Idlewild Airport as may he nocnssary for international and domestic terminals and for office space. (f) Provide other necessary fadlities for the accommodation of aircraft and for the loading, unloading, transfer, and interchange of passengers and cargo and for tho use and convenience of operators and passengers. Prior to June 1,1954, the Port Authority shall expend a minimum of $100,000,000 (based on Msrch 1947 construction costs) for the foregoing purposes and for other air terminal construction purposes st or in connection with the municipal air terminals, exclusive of the construction t>f hangars, shops and delated facilities (other than general purpose hangars, shops and related fadlities) and the gasoline distribution systems snd related fadlities. To determine whether the Port Authority has complied with this provision, the amount of its expenditures for said purposes shall be converted to a March 1947 bads, using the yearly average Engineering News Record Construction Cost Index. This conversion shall be made at the end of each calendar year by applying the aforesaid yearly index to the total amount of such expenditures during that year. Title to all buildings, structures, and additions msde or added to the demised premises by the Port Authority or any of its subtenants shall vest in the City immediately upon annexation, except where leases, permits, licenses or other agnreements provide that title thereto shall remain in lessees, permittees or other third persons. Bonds issued by the Port Authority for municipal air terminal purposes shall not be an obligation of the City, ahd the Port Authority sball have no power to pledge the credit of the City in any way whatsoever.
10. COMPETITtVE FA.CILITIE8

During the tonn for which tlio demised pntmifies are leased, The City shall not, except as hereinafter provided, promote, ftiiaiice, tttttablish, construct, operate, or maintain any competitive airplane runways, landing areas, or other fadlities for the landing or toking-off of aircraft, without tlie consent of the Port Authority, and shall not authorize any other person so to do, without such consent Airplane runways, landing areas, or other fadlities designed or used for the landing or taking oft of aircraft shsll be deemed to be competitive with the mtlnidpal air terminals if they are designed or used for the accommodation of any aircraft operated by common or contract carriers on scheduled or non-scheduled flights carrying passen-

RcrR, mail, or cargo who or which are moving between a point within tho Port of Xcw York District and a point without the Port of New York District; or if they arc designed or used for tbe accommodation of other aircraft having an allowable gross weight at take-off under existing or future Federal regulations in excess of 10,000 pounds. This prohibition shall not apply to the existing seaplane bases ot the foot of 23d Street and the foot of Wall Street, Borough of Manhattan, until January I, 1950; and shall not apply to other privately owned or operated airplane runways, landing areas, seaplane bases, or other fadlities for the landing or taking off of aircraft, already existing under permits heretofore granted by the City, provided the eapadty and type of use of sudi privately owned or operated fadliUcs are not substa'ntially increased or changed. The provisions hereof sball in no way affect the right of the City to have power of regulation over airports, airplane landing sites, snd seaplane bases in tac Port of New York or in the City, which are privately owned or operated; nor the rif^t to regulate such farther local fadlities, particularly helicopter landing sites and seaplane bases, as may be required in the public interest During tho term for which the demised premises are leased the Port Authority shall not promote, finance, establish, construct, operate J»T maintain within the limits of the City any airplane runways, landing areas, or other fadlities for the landing or taking off of aircraft without the consent of the City except at the municipal air terminals. Nothing heroin contained, however, shall prevent the Port Authority from promoting, financing, establishing, constructing, operating or mainInining airplane runways, landing areas, or other facilities for the landing or taking off of aircraft at any point or points outside of the limits of the City. Syow REMOVAI*, PoLrcE AKP FIBE PaoTEcnoy (a) The Port Authority shall collect garbage and refuse at each of the munidpal air terminals and deposit the same at central deposit points within each of such air terminals as may be agreed upon between the parties. The City shall collect and remove the garbage and refnse from such central deposit points.
GABBAOE REMOYAI*.

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(b) The City shall not be responsible for removal of snow and ice 'from the demised premises. The Port Authority shall cot place such snow and ice upon any of the public streets or highways of the City. (c) Tho Port Authority will provide police for patrolling, for goarding and for traffic control in the demised premises, and eqaipmcnt and personnel for aircraft crash and rescue work. The City will have no responsibility for maintaining fire

01- police personnel in tho demised prcmiRft.*:. The City agrees that its Police DcpavUncnt will respond to calls from the Port Authority in the event of the commission of crime, rioting, disasters and other emergencies in the demised premises, and that its Fire Department will respond to calls to put out structural fires and handle emergendes. 12. OpgaAnwo CowTttAcrs Tho lease of tho domiKcd prontisc^: in fiiihj/^et to the leases, permits, contracts, uud agreements listed on Schedule B annexed hereto; and the City hereby assigns and transfers to t}ie Port Aathority, as of June 1,1947, all its right, title, and interest in and to said leases, permits, contracts, and agreements, together with any and all deposits and rents prepaid thereunder, and the Port Authority hereby, assumes tlie obligations of the City thereunder not induding, however, any claims arising prior to June 1, 1947, except as hereinafter provided. The City shall pay over to the Port Authority all such deposits and prepaid rents under or in connection with said leases, permits, contracts, and agreements ten days after the commencement of the term of this lease, except as hereinafter provided on Schedule E. This assignment includes any and all rights or causes of action now existing in favor of the City against any person or persons, firm or corporation arising out of any of the leases, permits, contracts, and agreements hereby assigned. All collections arising out of the causes of action so assigned shall be and become revenues of the munidpal air terminals. The Port Authority shall be responsible for and shall indemnify the City and hold it harmless from all claims arising out of or in respect to all leases, permits, licenses, contracts and agreements listed on Schedule B where such daims arise on or after June 1, 1947. The City, however, shall be responsible for and shall indemnify tho Port Authority for and hold it harmless from any claims arising out of acts done or omitted to be done by the City in respect to any contracts, leases, licenses or permits relating to the demised premises not referred to in Schedule E, prior to June 1,1947. This agreement is dependent upon the delivery to the Comptroller of the City, on or before May 31, 1947, of consents and releases in substantially the form annexed hereto and marked. Schedule F, duly executed by the persons, firms or corporations listed on Schedule E, consenting to the assignment of the leases or agreements between such persons, firms or corporations and the CHty and releasing the City from any and all claims arising out of such leases or agreements. Such conU

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scuts and releosps shall be subject to the approval of the City and of the Port Authority as to form, substance and manner of execution, which approval may be given by the Port Authority through its Chairman, - Vice Chairman or Executive Director and of the C^ity by its Corporation Counsd. If by the date hereinbefore, specified, all of such consents and releases have not been delivered as aforesaid, then in that event this agreement shall bo of no force or effect whatsoever and as though it were never*entered into and the term herein provided for shall not begin; provided, that if any such consent and release approved as aforesaid shall thereafter prove to be invalidly executed, then this lease shall nevertheless be in full force and effect but the Port Authority shall indemnify the City against any claims by the person, firm or corporation on behalf of whom such release and consent purported to be signed arising out of the transactions redted in such release and consent Rentals, fees, and other payments due and prepaid under said leases, permits, contracts, and agreements shsdl be apportioned, allowed, and adjusted between the City and the Port Authority as of June 1, 1947. In the event any rents, fees or other payments become due on or prior to June 1, 1947 and shall not have been pud to the City, then the Port Authority is authorized to collect the same on behalf of the City, and upon snch collection, the amounts 80 collected shall be adjusted and the sums due shall be paid over to the City by the Port Authority. The City agrees not to enter into any extension or renewal of any of such leases, permits, contracts and agreements, or to enter into any new leases, permits, con. tracts or agreements authorizing any use of the demised premises by any third person, except snch as will by their terms terminate on July 31,1947.
13. SEWEH AWP OTBEB RIGHTS RESEBVEP TO THE CHY

The parties recognize that there are presentiy located in the demised premises sewers, water mains, sludge lines, a sludge dock and a sludge tank, power lines, telephone and signal lines, the right to the maintenance of which is reserved in the City. For that purpose, the City and its duly designated offidals and employees shall have the right at all times to enter upon the demised promises with men, equipment, trucks and vehides for the purpose of making repairs, replacements, extensions and relocations as shall be necessary in the opinion of the City. In the event the extension of any sudi sewers shall become necessary by reason of fill to be placed by the Port Authority, then and in that event such sewers shall bo extended by the Port Authority at its own cost and expense in accordance with plans 12

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and spcdfications approved by the President of the Borough where such facUities are located and the Chief Engineer of the Board of Estimate of tlie City and under the supervision of such onicials. In tliu event tho Ciiy dctui'miues that ii IK r.ecGs^ary to relocate or except as nliovo provided to extend uny fiowor, wator main, or other facility owned and cunirolled by it within the demised premises, then the name shall he relocated or extended nt the cost of the City, nnd nt a place agreed upon between the City and the Port Authority, lu the event, however, it becomes necessary to relocate any scwcr, water main or other facility located within, the demised premises l>clonging to the City because of any construction, fill or excavation, done or to he done by the Port Authority such relocation shall he done at the sole cost and expense of the Port Authority and upon plans and spocifications approved by the President of the borough where HUCII facilities are located, and the Chief Engineer of the Board nf Estimate of The City of New York, and undor the supervision of such officials. Tho City further reserves tlie right to uso Thurston Basin and Bergen Basin witliin the demised premises and shown on Map II as outiets for stonn sewers, and the fnrtiier right to use Bergen Basin as a means of access by tugs, tug-bouts, barges and other wator cruft between Jamaica Bay and the sludge dock and tunk located on Uic west side Uicrcof. The City sliall perform any dredging work necessary to maintain Thurston and Bergen Basinu in condition for such purposes. The Port Autliority shall liave the right to bulkhead the sides of the basins and dredge TliurKton and Bergen Basins for navigation purposes if it so desires to do, and to use or permit their use for such purposes, hut tho City shall have no obligation to dredge or maintain' them for those purposes. Tho lease of the demised premises is subject to ony existing casements or rights of gas, electric and other public utility companies to maintain fadlities therein. The Port Authority shall not construct or demolish any building or structure or make any excavation whidi will in any way interfere with or affect the usefulness of any City-owned sewer, watermahi or similar facility located within the demised premises and serving areas or property without tlie demised premises, without the consent of the President of the Borough or Boroughs within wliicli such area or land outside of the demiKod preroisea is located and of the Chiflf KnKineer of Uic Board of Estimate of the City.
14. 'WATEr. SEBVtCE

Tho City sliall provide and maintain all water supply lines up to the perimeter of the demised premises necessary to serve the munidpal air terminals. The13

Port Authority shall at its own expense, install and maintain such meter or m>:tcT.as may ho dedded by tlie Department of Water Supply, Gas and Electricity '*^^ best suited for determining the amount of water consumed or used within such municipal air terminals, other than those for which provision is made in the contracts referred to in section 28 hereof which are to be completed by the City, av-.d the Port Authority shall pay tiio City for all wutor so consumed at thit City's (.-!«• tablished rates.
15. lysxTBAyoE

The Port Authority hereby undertakes and agrees to indemnify and save the City harmless from any claims, causes of action or judgments, by reason of personal injuries sustained by any person or persons, induding death, in the demised premises and for any claims for dsmages to property, and agrees to procure at its own expense insurance in companies permitted to do business in the State of New York, such liability insurance as will protect the City from any such claims, suits, demands or judgments which may arise from the operation, control or occupancy of the demised premises. Such liability insurance shall provide limits of at least $1,000,000 for property damage and limits of at least $200^000 for one person and $2,000,000 for more than one person injured or killed in any one occurrence. The Port Authority further agrees to procure fire insurance with extended coverage endorsement on all buildings, structures, equipment-and fixtures in or upon tho demised premises used in connection with the operation of the municipal air terminals. Such policy shall cover the property to the extent of 80% of the value thereof, and cover the interests of both the City and the Port Authority. All policies shall provide that loss, if any, shall be payable to the Port Authority whidi shall bold the proceeds of all sudi insurance in a trust fund for, the purpose of repairing or reconstructing any of the buildings, structures, equipment or fixtures damaged or destroyed by reason of any of the risks insured against by such policies or for the purpose of making other capital improvements to the munidpal air terminals. In the event the proceeds of such insurance exceeds the cost of any such repair or reconstruction, or of the making of such capital improvements, such excess shall he paid to the City. If the Port Authority shall not commence sudi repairs, reconstruction or other capital improvement within one year from the date of receipt of the proceeds of such insurance, the same shall be paid over to the City. In Uic cvoiu. such proceeds shall be insuffident, then the Port Authority shall make such repairs, replacement or reconstruction with other than operating funds. Notwithstanding the foregoing provision of this section, in any case where an improvement on tho demised premises is destroyed (the original cost of which was 14

/i

to he amortized by rental payments from a tenant or lessee of the Port Authority) and is not replaced, the proceeds of so much of the insurance covering such improvement, together with any amotznts set aside ior the payment of bonds issued for munidpal air terminal purposes attributable to such improvement, shall be applied to the payment of any such bonds then outstanding and interest thereon, and the remainder, if any, shall be paid to the City. If any such bonds shall not be then redeemable, then the sums so paid to the Port Authority as herein provided, together with any amounts set aside for the payment of such bonds shall be hold by the Port Authority in a spcdal fund. If, after the payment or redemption of all such bonds with interest, there shall remain any balance in such spedal fund, induding any appredation thereon, the Port Authority shall pay such.balance to the City. The Port Authority shall not be liable to the City for any loss to such spedal fund by reason of tlie investment thereof, provided that such funds shall only be invested in bonds of the United States, the State of New York, the State of New Jersey, the City of New York, or bonds issued by the Port Authority for munidpal air terminal purposes. All policies or certificates thereof providing all of the aforesaid insurance, shall be delivered to the Comptroller of the City and the premiums fully paid by the Port Authority. Subject to the foregoing, the City hereby assigns and transfers to the Port Authority as of June 1,1947, all of its right, titie and interest in and to any insurance covering the City which has been furnished to it under the aforesaid leases, permits, contracts and agreements, which polides of insurance shall be delivered by the City to the Port Authority on or before July 15, 1947. IC. RgLOCATioy OF TswAyrs There are presently existing within the demised premises shown on Map II various buildings occupied by residential tenants. Notwithstanding any other provision of this agreement the City shall continue to collect for its own account rcnc from such tenants so long as they remain in possession of tho premises. Tho City shall when requested by the Port Authority take steps to remove or relocate ell sucli tenants and may at its option remove all such residential buildings now on the demised premises. In the event of the removal or relocation of such buildings by the City, the City shall receive and retain the proceeds of the sale of any such buildinjj or buildings or any of the fixtures therein contained. Upon the removal of all such tenants, the Port Authority shall pay to the City $45,000. as its share of the cost of removing or relocating the aforesaid tenants or property. 15

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17. LEOISLATIOX

The Port Authority agrees that prior to January 31, 1948, it will recommend to tiie Governors and Legislatures of the States of New York and New Jersey, the adoption of legislation in the form set forth in Schedule D annexed hereto. The Port Authority agrees that it will cooperate with the City in obtaining certificates of legislative intent to urge the enactment of such legislation from the majority and minority leaders of the Senate and Assembly of the States of New York and New Jersey.
18. FEDEBAL Am

The City agrees to cooperate with the Port Authority, if so requested by the Port Authority, in making any necessary applications for and in securing any and all federal aid which may be obtainable for the municipal air terminals under any applicable federal laws. 19. AoQpismoy
OF LAKDS BV THE CITY

Condenmation proceedings have been initiated by the City to acquire the parcels numbered 1, 2, 3 and 4 on Map II, and titie thereto has been already vested in the City, but the amounts to be paid to the prior owners as compensation therefor have not as yet been paid by the City. The City does not as yet have title to the Parcels Nos. 5, 6 and 7 on Map II, but it agrees to acquire by condemnation Parcel No. 5 on or before January 1, 1949, and to acquire by condemnation Parcels Nos. 6 and 7 on or before January 1, 1951. Upon the vesting of title thereto in the City, said Parcel Nos. 5, 6 and 7 shall become a part of tho demised premises and shall be subject to all the terms and conditions of this Agreement. As payments are made by the City to the prior owners, the Port Authority shall reimburse the City for the purchase price or awards and interest paid by it to sudi owners for the acquisition of said Parcels Nos. 1 to 7 inclusive, up to but not exceed-* ing $4,000,000 in the aggregate on account of all seven parcels.
20. PHTSIOAL CBAKOES ,--

Except as herein expressly provided in tills Agreement, the Port Authority shall have the right to alter, change, remove, rdocate or demolish any building, structure or improvement on the demised premises, to place fill upon or excavate the dcmii>cd premises, to erect structures and improvement^ thereon or therein, and to make other physical changes thereon or therein. 16

/ ^

21. l*oucY i.v

REGARD TO CITV

OnotKAKCEs AND

RECULATIOKS

In the rehabilitation, improvement, operation aud maintenance of the municipal air terminals, the Port Authority will as a matter of policy, conform to the enactmcntfi. ordinanccK, resolutions and regulations of the City and its variou.< departmcniK, iioards and bureaus, in regard to the construction and maintenance of huildiuKK uitd stnicturcs, and in regard to health and fire protection, which would be applicable if tlie Port Autiiority were a private corporation, to the extent that the Port Authority finds it practicable so to do, witiiout interfering with, impairing; or affecting tho efficiency and economy of its air terminal operations, or its ability to operate the municipal air terminals upon a self-supporting basis, or its obligations, duties nnd responsibility to tho two states, its bondholders and the general pablic, bur the decision of the Port Authority as to whether it is practicable so to do shall bo controlling. To that end, the Port Authority shall submit copies of the plans and specifications for buildings and structures to the appropriate City officials, and shall con Rult with them with respect thereto, and shall receive thdr comments and suggcRtions thereon. 22. AnpiTiOKAL IiAyps AKD IKTEBESTS TgEBEiy The Port Authority shall immediately upon acquisition of any landti and improvements thereon or rights, easements or interests therein for use in extension of tho municipal air terminals; or for use in mamtaining airplane beacons, guides or other aids to avigation, convey the same to the City without consideration, and such property shall become part vt the demised premises.
23. CON'DEMWATION OB ACQUIBrnoW BY O T H E B S

In the event the demised premises or any part thereof, or the right and interest of the Port Autiiority hereunder in or to the demised premises or any part thereof shall bo condemned, taken, or acquired by a body having superior power of eminent domain, then the compensation or award therefor shall bo payable in accordance with the follo>\'ing provisions: I. Out of said compensation or award there shall be paid to tiio Port Autiiority an amount equal to the sum of the following: A. The amount required to redeem the Port Authority bonds, insuod fi'imunicipal air terminal purposes and outstanding at* the time titie vests in the- condemning power at the earliest dates after such decree or judgment w'l.on ih.-y 17

1^

may bo called for redemption, or, if any such bonds arc not subject to call, then the amount required to redeem them at thdr maturity; less the following three items: (1) The assets of any sinking fund established for the redemption of :'nl:ing fund bonds issued for munidpal air terminal purposes induding inicrctit thereon; and(2) The proceeds remaining unexpended from the sale of any and all bonds issued for munidpal air terminal purposes; (3) Any cash set aside for redemption ot bonds issued for munidpal air terminal purposes. B. Tho interest on such bonds from the last interest payment date prior to the vesting of titie in the condemning power up to the date of such call or maturity, and C. The call premium, if any; and D. Any unamortized Port Authority funds other than bond proceeds or federal or state grants, expended for capital improvements at the municipal air terminals. n . Tho balance, if uny, of such compensation or award shall be puid to the Oily. Tho amount paid to the Port Authority as provided for in this article shall, together with any funds remaining unexpended for municipal air terminal purposes from the proceeds of such bonds, he set aside in a special fund. If, after the payment or redemption of all of said bonds with interest and after the deduction of unamortized Port Authority funds as aforesaid, there shall remain any balance in said special fund, including income and appredation thereon, the Port Authority shall pay such balance to the City. The Port Authority shall not be liable to the City for any loss to said spedal fund by reason of the investment thereof provided that said funds arc invested in bonds of the United States, the State of New York, the State of New Jersey, the City of New York or bonds issued by the Port Authority for munidpal air terminal purposes. If the whole of said demised premises or the right and interest of tho Port Authority in or to the same shall be condemned, taken or acquired, as aforesaid, then no further rental shall be payable hereunder. If only a part of the said de18
<
1

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mised promises or of tho right and interest of the Port Authority in or to the same shall be B condemned, taken or acquired, and the part so condemned, taken or acO quired is so substantial as to make it impractical to proceed with the operation of the demised premises for air terminal purposes, then, and in such event, no further rental shall bo payable hereunder; provided however that possession of the domiscd premises remaining shall be promptly surrendered to the City as if the term hereof shall have come to an end.- If, however, only a part of said demised premises or of the right and interest of the Port Authority in or to the same sball be so condemned, taken or scquircd, and the part remaining is suffident to conduct the operation thereof for air terminal purposes, then, and in such event, the obligations of the Port Authority under the provisions of tiiis agreement relating to rent as well as under the several other srtides of this agreement, shall continue and remain unaffected by such condemnation, taking or acquisition. The minimum rental, however, shall thereafter be apportioned, but such apportionment, in any event, shall be made only with respect to any subsequent year or years during which no more than the minimum rental shall be due the City under this agreement 24, AppnoACH ZoxES, TsAysmoy
ZOWES A^P

Tuayiyo

ZO^ES

During the term for which the demised premises arc leased, the City shall not erect or permit the erection of any obstructions or hazards to avigation upon or above City streets or other property belonging to the City which will project into tiie approach zones, transition zones or turning zones of any now existing or future runways at the municipal air terminals as such nmways may then exist If it becomes necessary or desirable to remove in whole or in part any such obstructions or hazards now existing upon City-owned property and projecting into the approach zones, transition zones or turning zones of such.runways as they now exist (or to remove in whole or in part any such obstructions or hazards existing on such City-owned property or projecting into the approach zones, transition zones or turning tones of any future runway or any extension of any existing runway) it shall be done only with the consent of the City and at the cost of the Port Authority. 25.
ABEA

" A " ApjACEyr

TO LAGUABDIA AIBPOBT

The Port Authority intends to acquire and convey to the City dther title to or tho right to use and occupy the property within the area marked "ABEA A " upon Map No. I, at the sole expense of the Port Authority, and to use and occupy the same as an extension of and in connection with LaGuardia Airport, and such property, when acquired and conveyed to the City, shall be deemed part of the demised 19

^ /

•Mcniiscs. If tlic City now owns any of the real estate within said area the same •Imll be and shall be deemed to be part of the demised premises. All property referred to in this section shall be subject to all the terms and conditions of this iigrccmcnt, as though the same were shown in green upon said Map I. Tho City hereby consents to tho reduction of the first year's rent to be paid to i'. hereunder by the Port Authority of tho sum of $43,750., representing the amount dnc for taxes and Interest on property to be acquired as aforesaid in Area " A " . -fi.
CITY STBEETS

"WnnLv

DEMISED PBEM'RES

^ ^

The City agrees to dose such streets within the demised premises ss may be icqucstod by the Port Authority and in thecvcntof such dosing the Port Authority tlocs remise, release and forever discharge tho City nnd its successors of and from any nnd all claim or claims nnd cause or causes of action which the Port Authority may hereafter have or which it or its successors may have against the City by reason of the closing and discontinuance of any such streets. The Port Authority further agrees that in the event of the closing of any of the streets within the area marked Area " A " on Map I, to save tho City harmless from any and all claims of any other parties for damage by reason of the closing and discontinuance of any such streets. -7. VAy
WYCK

ExpnEsswAY

Tliu City agrees to UHC IIH IJCKI efforts to advance the completion, on or before Oytolwi' 1, 1948, of Van Wyck expressway from Queens Bouleviird to Idk-wild Airl>ort, including the connections with Southern Parkway, without cost to the Port Auihority, and to permit free access between said Expressway and Idlewild Airport. The Port Authority hereby consents to tho reduction of the demised premises to the ijxtcut of ail or any part of the area shown on Map II and marked 'C* for the constiniction of the traffic interchange between Van Wyck Expressway and Southern Parkway, without reduction iu rent. liX.
CITY

CoysTntrcnoy

CON'TBACTS

The City sliall not hereafter enter into any contracts for the performance of any on;riiioering, design or construction work for the purchase of materials nnd equipment, or for the making of any improvements or physical changes at, in or in connoction with tiic demised premises. On or before June 5,1947, tho City Comptroller

20

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shall furnish to the Port Authority a list of all uncompleted contracts for the performance of any engineering, design or construction work or for the purchase of material and equipment entered into by the City and registered with him, prior to June 1, 1947, together with copies thereof. Tlio City shall complete or cause to be completed at its own expense as promptly as reasonably practicable all such work to be performed under sudi contracts heretofore entered into by the Cit}* and heretofore registered with tho City Comptroller, provided that the City shall promptly cancel and terminate, at its own expense, any such contract or contracts the cancellation of which is requested by the Port Authority not later than September 1, 1947. The City shall not, without the consent of the Port Authority, change or modify any sucii contract or the work to be performed thereunder or the requirements relating tiiereto. If so requested by the Port Authority, however (and subject to the consent of the contractor, if such consent be necessary), the City shall modify ony such coutraift or contracts or the work to be performed thereunder or the requirements relating thereto, and if such modification shall result in additional cost to the City, ibc Port Authority shall pay the City therefor. The City shall require all contractors performing work under said contracts, and all their subcontractors, agents, employees and representatives, to work in cooperation with the Port Authority, its contractors, subcontractors, agents, employees ami representatives. The Port Authority assumes the cost of the contracts theretofore entered into by tiie City and shown on the annexed Schedule H, pursuant to the authori7.utioti contained in Line No. 162 (DIGS), Lino No. 185 (Project No. D2) and Line No. 193 (Project No. D203), of the 1947 New York City Capital Budget, provided that in no event shall such cost so assumed by the Port Authority be greater than $3,500,000. In the event any part of said sum has already been paid by the City, then the Port Authority agrees to reimburse the City for all such payments. It is understood that tile City will cancel and terminate any of such contracts if so requested to do by the Port Authority, but in such event the Port Authority shall be responsible for any claims made against the City by reason of such cancellation and agrees to reimburse the City tiierefor. The City agrees to make ovailable to the Port Authority all contracts and otlier data in connection with the construction of any of the municipal air terminals.
29. F1.0YD BEyyETT F I E L D

The City and the Port Authority covenant and agree to apply to the Federal Government for a consent to the uso of Floyd Bennett Field by the Port Authority 21

under the existing permit to the City or upon similar terms, and for a deed or a lease in the name of the City for Floyd Bennett Field. The terms of any purchase agreement or lease for Floyd Bennett Field and the decision whether to proceed with such purchase or lease shall require the approval of both the City and the Port Authority. The Port Aathority agrees to pay the purchase price for a deed or the rent under a lease. The Port Authority agrees to spend $1,500,000, which sum includes the amounts due or to be due under the contracts set forth in Schedule E, and which sum is part of the $100,000,000 to which reference is msde in Section 9 hereof, to rehabilitate, improve, and develop such Field, auch improvements to begin promptiy upon tbe obtaining of the aforesaid consent from the Federal Government for the use of Floyd Bennett Field by the Port Authority. In the event of the purchase of Floyd Bennett Field, or in the event of a lease, then the Port Authority shall expend such additional sima or sums as may be necessary for the rehabilitation, expansion, and development of Floyd Bennett Field as a modem municipal air terminal. Upon the obtaining of the aforesaid consent, and for any and all renewals thereof, the Port Authority agrees to operate Floyd Bennett Field as an airport in accordance therewith. The operation of Floyd Bennett Field by the Port Authority shall not continue beyond the term of this agreement If for any reason, the occupancy by the Port Authority of Floyd Bennett Field is prevented, interrupted or terminated, such circumstance shall not result in any diminution of the rent assumed hereunder by the Port Authority and payable to the City. The Port Authority will supply to the City at Floyd Bennett Field, so Icr.;^ as such air terminal is operated by the Port Authority, free hangar space for the accommodation of up to three City-owned Police Department aircraft of substar.iialiy the same size as those presently used by the Police Department The Port Authority further agrees that no fees for the landing and taking off of such Police Department aircraft shall be charged against the City. 30. Tiuys?EB O CIVIL SEKVICE EMPLOYEES F The Port Authority agrees to employ all civil service «nipioyees now empioyr-ci by the City directly or indirectly in connection with the municipal air terminals, being the employees listed on Schedule I annexed hereto, at rates of pay not less than they now receive from tho City, provided such employees desire to accept such employment, and provided further that they shall be subject to any and all rules, regulations, and employment policies of the Port Anthority now or hereafter adopted with respect to matters affecting personnel and employment.
22

^y

3l, lyspEcnoy The City through its properly designated offidals and employees in the performance of their offidal duties shall at all times have the right of free ecccsR to all portions of the demised premises. ;J2. (;tiv>:wAWT or
QPIET

EwjovMBirr

The City agrees that the Port Anthority on paying the rent herein reserved jtroinptly when duo and on performing all of the other terms, covenants and conditions set forth in this agreement promptly as required, sball and may peaceably and quietiy have, hold and enjoy the deiiiised premises for the term hereinbefore specified unless such term shall cease, dose or expire sooner.
XI. RIGHTS Ayp REMEDIES

Tlic Port Authority agrees that the City shall have all the rights and remedies for which provision is now made by law or which may hereafter be made by law to tho extent set forth in Schednle D, regardless of when such legislation may be enacted. 34. Cbosiyo OP SEBVICE ROAD The City shall take steps to dose and discontinue the portion of the service road of Grand Central Parkway shown in yellow on Map I. When said portion of the service road of Grand Central Parkway is dosed and discontinued, the same shall become part of the demised premises. 35. SEcnoK
HEADIWOS

The section headings are for reference purposes only and shall not be deemed descriptive of the sections.
36. NOTICE

All notices required to be sent by either party to the other shall be in writing and shall be forwarded by registered mail, addressed as follows: To the Port Authority. Executive Director of the Port Anthority (or his successor in duties) 111 Eighth Avenue, New York City.
23

xf^

^

To the City. Comptroller of the City of New York, Municipal BuildioK, N*jw York Hity, All communications shall be forwarded to the above addresses until notice in writing of change of address is forwarded by either party to the other by registered mail. 37. MiscEiOMyEotTB Except as herein otherwise provided, the Port Authority shall have full power and discretion to proceed with the financing, rehabilitation, expansion, improvement, development, operation and maintenance of the mnnicipal air terminals, and to enter into such contracts, agreements, subleases or otfaer arrangements with respect thereto as it may deem necessary and desirable, and all matters connected therewith, including but not limited to, all details of financing, construction, leasing, charges, rates, tolls, contracts, and operation shall be within the sole discretion of the Port Authority; and the dedaions of the Port Authority in connection with any and all matters concerning the munidpal air terminals shall be controlling, provided that nil such things shall be done by the Port Anthority in its own name and on its own r.redit ;1S.
CUABUES AOAIWST

QpEBATioys

Where under or pursuant to or because of this Agreement tbe Port Autltoriiy has agreed to do any act or thing at its own cost or expense or without cost to the City or to assume any liability or to make any payment, such provision shall not be construed to prevent the Port Authority from charging such expenditures against operating revenues, in the event that they are expenses directly attributable to the operation and maintenance of the municipal air terminals within the meaning of "Net Operating Revenue" as defined in Section 1 hereof, or from charging them against the proceeds of bonds issued for mnnicipal air terminal purposes in the event that they are proper capital charges for munidpal air terminal purposes. Nothing herein contained shall, however, be construed to permit the Port Authority to charge any sum paid to the City by the Port Aathority for damages (other than rent) to operating expenses, and tbe same shall be paid from the Port Authority's share of any net revenue or other Port Authority funds.
24

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39. lyriBEST OK REFtjyDiyq o r BONDS

The Port Authority shall not issue any bonds to refund bonds issued for municipal air terminal purposes at a date earlier than the maturity date of the bonds to bo refunded, unless the refunding bonds bsar a eonpon or stated interest rate equal to or loss tlian (but not greater than) th: rate borne by the bonds to be refunded, but this shall not apply to tiie funding or refunding of short term notes. As used in this section "short term notes" means notes maturing one year or less from the date of tiieir issue. 40. AnniTnATiny RE: Accouynyo If at any time hereafter any dispute, difference or question shall arise between Ike parties with respect to any accounting question involved in the delermination of tiie amount due to the City as rent over and above tbe minimums provided for in Section 4 hereof, or involved in the determination of the amounts due to the City pursuant to -Sections 15 and 23 hereof, or any otber accounting qnesti^s arising UTtdcr tbis contract, then every such disputCj difference or question sball?be submitted for arbitration to three (3) certified public accountants to be appointed by the Executive Committee of the American Institute of Accountants within 15 days after written notice served by either parly to this contract upon the other by mail demanding that such dispute, difference or question be so submitted for arbitration. In the event tiint the Executive Committee of the American Institute of Accountants fails or refuses to appoint such arbitrators within tiiirty days nflci* ilif mailing by cither party to this contract of a written request for such nppointnicni, then such dispute, difference or question shall be submitted for arbitration to three (3) certified public accountants to he appointed by the American Arbitration Association within 15 days after written notice served by either party to this contract upon the other by mail demanding that such dispute, difference or question bo so submitted for arbitration. The award, ruling or detcimination which shall bo made by n majority of said arbitrators shall be final and binding upon the parties hereto and tiic parties hereto a;zrcc to comply with such award or detcnninntion provided the award or determination sliall be made in writing within 45 days next after the submission to them of the dispute, difference or question, or on or before any later date to which the said arbitrators, by any writing signed by them, shall enlarge the time for making their award. If it is determined that the Port Authority or the City of New York is prohibited by law from agreeing to submit to arbitration or to be a parly to an agreement providing for arbitration, then the provisions of this coiitrnct 25

t7

relating to arbitration shall be null and void but shall not affect the other provisions of this contract, which sball, nevertheless, remain in full force and effect.
IK WITNESS WHEBEOP, the City has catised its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by Its Mayor; and the Port Authority has caused its eorporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its (?hairman, the day and year first above written.

Attest: MuBBAY W. STAKD (sgd.) City Clerk Attest:
JOSEPH G. CABTY

THE

CiTT OP NEW YOBK WtLUAM CBWYEB Mayor (sgd.)

(Seal)

TnE POBT OP NEW YOBK AUTHOBITY

(sgd.)

HOWABD S. CtTLLMAK

(sgd.)

(Seal)

Secretary Approved as to form

Chairman Approved as to form S.G.
LEAKDEB L SHELLEY

S.W«&. W.B.R. C.FJ>,

CuABusa E. MvaFXCT (sgd.) Corporation Ootmeel

(ftgd.)

(}eneral Counsel

25

^ ^

Ex.1

STATE op NEW YOBK • CoL-yrr OP NEW YORK CITY or NEW YOBK

SB.

On this 17th day of April, 1947, before me personally came MVBBAY W . STAKD, with wl^om I am personally acquainted, and known to me to be tbe City Clerk of THE CITY OT NEW YOBR, who, being by me dulyswom, did depose and say that he resides at ; that be is the City Clerk of T E E Crrv OP NEW YOBK, tbe corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation (the corporation describe in and whidt executed tbe tof^^tn% instmment); thai the seal affixed to said instrument is such eorporate seal; that it was so affixed by order of the Board of Estimate, and that he signed his name thereto as City Clerk by like authority; and further that he knows and is acquainted with WILLUU CDWTKR, and knows him to be tbe person described in and who as Mayor of T E E CITT OY NEW YOBK executed the said instmment; that be saw bim subscribe, execute and deliver tbe same^ nnd that be acknowledged to him, tbe said MUBBAY W . STAKD, that be executed and delivered tbe same, and be, tbe said MUB&AT W . STAKD, thereupon subscribed his name thereto.
ABTBUB D . WALKER

(sgd.) Notary Public

ABTBUB D . WALKER

(Seal)

Qus. Co. 2637. N. Y. Co. 736 Term expires March 30,194tJ

27

^1

Ex.1
STATE OP NEW YOBS CouKTT OP NEW YOBK ss.:

C n r OP NEW Yoas Gn tluB 17th day of April, 1947, before me personally came and appeared HowAV> 8. CxjuJux, to me known, who, being by me duly sworn, did depose and say that be reddea at ; that he is tbe chnirman of THB POST or NBW YOBS APTBOBITT, a body corporate and politic, created by Compact between the States of New York and New Jersey, with the consent of QongfeaBf described in and which exeented tbe foregoing instmment; that he knows the seal of THB P O T or NBW Tons AUTBOBITY aforesaid; that tbe seal affibced to said InBtroment is snefa soa!; that it was so affixed by order of the Commissioners of Tsm POST or NBW YOBS AVTBOBIR, and that he signed his name thereto by like order.
ABTHUB D . WALKEB

(sgd.) Notory Public

ABTHITB D . WALKEB

(Seal)

Qus. Co. 2637, N. Y. Co. 736 Term expires March 30,1948

26

SECURITY DRAWINGS- Ex. (4)

SCHEDULE A (1) A parcel (approx. 2.69 acres) located at the intersection of the east line ol 120th Str«^ct with the southerly line of 29lb Avenue, Borough of Queens. (2) A parcel consisting of five plots, e.^eh 200 feet square, on Rikere Island surrendered by the Department of Correction and assigned by the Board or Kstimnto to the Department of Marine and Aviation on April 20, 1939 (Board of Estimate Calendar of that date. No. 126). i'J) A parcel (approx 13.25 acres) at lievemeyer, Zercga, Randall and Seward Avenues, Borough of the Bronx, (4) A parcel on the west side of Cross Bay Boulevard at the intersection of the Boulevard with the prolongation of Runway C of Idlewild Terminal, Borough of Queens, and about two miles from the Terminal (5) A parcel (103,625 sq* ft.) at Avenue U and Stuart Street, Borough of Queens. (6) The pier appurtenant to Idlewild Airport extending beyond the bulkhead line into Jamaica Bay.
• •

(7) Premises leased by lease I/-167 (lO/fi/40) to American Airlines for transmission tower. (8) Premises leased bylease L-140 (11/10/39) to TWA for transmission tower. (9) Premises covered by Permit No. P-320 (5/1/46) to National Airlines for transmission tower. (10) Premises covered by Permit No. F-686 (7/1/46) to C.A.A. for radio range.

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1

' SCHLDVLE B PERMITS IN EFFECT AT NEW YOBK CIITY MUNICIPAL AIRPUiiTS .Vo. ^atc Pirmiiiu
LAGVABSU AZBMBT

Pwpoaa

lisiiircM

P*51 P-53 P-54 P-55 P^6 P-57 P-58 P-59 P.61 P-62 P.G3 P-66 p.67

5-1-46 , ' *1

1 1

Air Express International Agency, Ltd. ; American Airlinoa
«i

Operate as Custom Broker - Storage- Sbdter Hangar #1—68 sq. ft Storage space east of service building Loading Deck Booth # 5 bet Column 48-50, 214 eq. ft Loading Deck Booths Loading Deck Booth #4, Area bet Column 25 and 50,1545 sq. f t

4-30-47

4-30-47 4-30-47 4-30-47 4-30-47 4-30-47

.

•!
«l ««

.

1

•*

«

••

'<
t ' '

(*

•<

*

•«

1

«*

»

»•

Loading Deck Booth # 3 bet Column 4-30-47 18 and 23/ 535 eq. ft Loading Deck Booth # 2 bet Column 4-30-i7 U-IS, 222 sq. ft Fingers—Loading Gates %—Space 4-30-47 2275 sq. ft Use Boom #1/20 Landplane Building 4-30-47 Space Lower Rotunda, 691 -sq. ft, 4-30-47 Landplane Building Space—Loading Platforms between Columns 41-43,185 sq. ft 4-30-47 * Space—Loading Platforma between Columns 44-46, 253 sq. ft 4-30-47
30

^

iVo.

Date 5-1-4C ^-1-40

Permitiee American Airlines .American Overseas Airlines

Purpose Space—Loading Plntforms Columns 15-16 between

Expires 4-30-47 4.»0.4? 4-30-47 4-30-4" 4-30-4*; 4-30-47

p-ca
V4H'i P-81 P-82

Space adjoining Hangar #2—260,400 iq. ft. Seaplane Hungnr # 2 , erect 2nd story on lean to Seaplane Hangar—erect new platform Space at Inforinntioii Counter Murine Terminal Space along bulkhead, 3577 sq. f t at Marine Terminal Repair Shop Non-combustible Storehouse—136 sq.

r.83 P-84 P-85 P-8fi P-87 P-93 P-113 P-129 P-130 P-131 P.187 P-202
5-1-46 5-1-46 5-1-46
It

ft SpBce for shed for refuse nt Seaplane Hangar # 2 , 61.32 sq. ft Use space located within enclosed areas—2221 sq. ft
Rudy Arnold Otto Braren Colonial Airlines, Inc.
II

4-30-4' 4-30-4'. 4-.1(l-4: 4-30-4' 4-30-4' 4-30-4' 4-30-4 4-30-4 4-30-4 4-30-4

Space (35 sq. ft) Ground floor Landplane Administration Bldg. Sell box lunches, sandwiches, etc. Space at Loading Gate #15—1600 sq. ft. Space under observation platform cast of permittee's present quarters Spsce (3,000 sq. ft) S. E. cor. of field for motor cases, oil drums, etc. Space for shop west of drcular staircase, Administration Building Oustoro Broker, Marine Terminal 31

11

II

5-1-46 5-1-46

D'Andrea Bros. Geo. F . Doherty Co.

//

No.
?-205 ?-206 ?-2l2 ?-2l3 ?-2l4

Date 5-1-46
•1

Permitiee Eastern Airlines, Inc.
u

Purpose Space loading Deck—Bootiis 12 and 14A—121.16 sq. ft Space—200 sq. ft located between Culamn 199.181 Conduct scheduled Air Transportation Space in Landplane Administration Bldg.—232 sq. ft.—in 3rd Boor One gasoline Storage CeW at N. W. Comer of Inner Bank of Gas Storage (Tells—Marine Terminal Area Space in telephone eorridor^-lst floor Administration Building Maintain C!ob Lock in pay toilets in Landplane Administration Building Maintain Coin Looks in pay toilets in Marine Terminal Building Cnstom Brokers Service Space at entrance to rotnnda of Marine Terminal Bnilding Space for booth adjoining gate # 5 —105 sq. f t Space for Booth at east end of Gate #10—Administration Bldg. Space in Bnilding (353 sq. f t ) for Manager's Office inelnding corridor ground floor Landplane Admin. BaUdlng Space in West Side Main corridor ground Floor Administration Bldg. —used as Poriere' Cheek Boom.. 32

KxpirtB 4-30-47 4.30^47 4-30-47 4-30-47

5-1-46
•1

Empice Airlines, Inc.
II

fi

•1

4-30-47 4-30-47 4-30-47 4-30-47 4-3047 4-30-47 4-30-47 4-30-47

?-2l5 ?-230 ?-231 P-298 P-299 ?-323 P-324 P-326

II

««

5-1-46
II

General Service Coinlock
II

5-1-4C
II

MasBoe-Bamett Co., Inc.
II'

5-1-46
II

New York Airport Terminals Inc.
•«
•1

•1

4-30-47

?.326

"

II

4-30-47

^

^0. P-327

Date .Vl-46

Permit f er. New York Airport Terminals Inc.

Purpose

Expires

Occupy Room B-IIT) (Portcr-s' Uooui) Ijoiidplanc AOuiiniKtrolion UuildinK -2H6 Sv-^. ft Mpaco for Air K)(prrHn'-247l >••,. I'l. in Landplane AdminiKlrnlinn Huilding

.,.^0-4:

•:ti»i

4-.*KJ.47 4-:5().47

P-330 P.34()

11

4t

New York Hotel Corp.

Space for Post Office—4,198 sq. ft. Landplane AdminiKlration Bldg. Additional locker room space—G19 sq. ft. Ground floor, Adiiiinistrotion nidg. Extenil Counter, a total of .12'-2" spucc now occupied Space for Manogcr's office—872 sq. ft. Ijondplanc Building Space (100 sq. ft) on the East Win;; on Ground Floor of Admin. Hld^. for Locker Room

4.;3l)-47 4-:in.47 4..'Ju.47

P-341 P-342 P*343

11

II

11

4.:«).47 4.31M7

P.3a2 P-364

5-1-46 5-1-46

William Paccione Pan American Airways Inc.

Use of closet on 4 floor of Land Ad. ministration Building Spaco—3rd floor Landplane Administration Building to be used by U. S. Immigration and Public Henlth Service Seaplane Hangar A—space for construction of a secondfloor—1199srj. ft

4-:in..I7

P.365

"

4-30.47 4-30-47 4-30-47

P.366 P-367

"

$t

Space, Information counter in Morinc Terminal Building Temporary one story frame buildini; cast of Seaplano Romp
33

No. P-368 P-369 P-370 P-371

Date 5-1-46

Permittee Pan American Airways Inc.

Purpose Enclosed area for protection of premises—23-268 sq. ft. : Space for oonstnietion oi :^ tempovury coal blnB*4,346 sq. ft. Maintain one story^bnilding west of addition to Hangar A—6,023 sq. ft Space south of Hangar A—Marine Terminol to maintain 4 moveable nose hangars—5,313 sq. ft. Space at Marine Terminal for storage purposes—25,412 sq, ft

Expires 4-30-47 4-30-47 4-30-47

4-30-47 4-30-47 4-30-47

P-372 P-390 P-412 5-1-16 5-1-46 Railway Ezpreas Agency SbeU OU Company

Space Main Floor Bldg.

Administration

Exclusive right to sell avistion gasoUne, oils and grease at LaGuardia Fid. Space in yicinity of Gate # 8 bet columns 79 and 81, 218 sq. ft
*

4-30-47 4-30-47 4-80-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47

P-413 • P-414 P.436 P-441 P.442 P-443 P-444

"
II

II

II

5-1-46 5-1-46
II

Trans-Canada Airlines Transcontinental & Westem Air, Inc.

Space for office in vicinity of Gate # 8 —88 sq. f t Conduct Scheduled Flights Booths 9-10—Loading Deck—1653 sq. ft Space on 3rd floor of Marine Terminal Bnilding—940 sq. ft Spaco Ground Floor Administration Building—729 sq. ft

II

Space along southerly wall of Marine Terminal—75 feet

34

Sni P.445

Datr. 5-1-40

Pcnnittcc Transcontinental & Western Air, Inc.
1*

Purpose Space along southerly wall of Rotunda Marine Terminal Building—46 sq.

Kxyircs

ft.
i'-4-4n P-447
(•

-.-ao-i:
4-30-47

Space along southerly wall of Uotundu of Marine Terminal Bldg.—D5 sq- ft. VA space in N. W. quarter of circular Informstion counter Marine Terminal Bldg. Space northwest comer of circular counter Marine Terminal Bldg, Space—Mezsanine floor in Hanger # 2 260 sq. ft Space for Gate House—Loading Gates 7 & 8, 1215,61 sq. ft Space—Garbage Bin Hanger #2— 101.25 sq. ft Sell box lunches

11

4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-4 7

P-M8 P-452 P-455 P.4'56 P.470 P-484

11

<(

5-1-46
11

United Airlines, Inc.
11

II

11

5-1-46 5-1-46

Anthony Vigilis Tiie Tower Optical Co.

Install & njaintain 8 coil Optical Binocular machines on Observation Platform 4-30-47 Space for one story structure used by American Overseas Airline, Inc. 5 additional gasoline bulk storage cells Use four additional gasoline bulk storage Conduct Scheduled Flights Space between columns 57 & 60 Loading Platform—use 316 sq. ft Spnce, Landplane Adm. Bldg. First floor—116 sq. ft 35 6-30-47 4-30-47

P-494 P.504 P-505 P.506 P.569 P.590

7-1-46 5-21-46 5-21-46 5-1-46 5-22-46 5-1-46

U. S. Civil Aeronautics Ad ministration Transcontinental & Western Air, Inc. American Airlines, Inc. Empire Airlines, Inc. American Airlines, Inc. New York Airport Terminals, Inc.

4-30-47 4-30-47 4-30-47 4-30-47

4

No. P-591 P.660

Date 5-1-46

Permittee Western Union Telegraph Co. Trani-Oanada Airlines

Purpose Spaco—Landplane Adm. Bldg. First Floory 115 sq. ft Bpace to provide passanger faoilitieb at Gate # 1 West end of Landing Peck Room on first floor of Landplane Administration Bldg., 440 sq. f t

Expires 4-30-47

4-30-47 4-30-47 6-30-47 4-30-47 4-30-47 4-30-47 4-3047 4-30-47

P-664 P-668 P-070 P-671 P.672 P-C73 P.075 P-682

6-1.46 7-1-40 7-1-46 8-1-46 7-13-46 6-11-46 6-1-46 3-20-46 Air Franco U. S. Dept of Commerce Weather Bureaii Mrs. Dorothy Marvin Kessler Pan American Airways American Overseas Airlines Northwest Airlines
11

Conduct Scheduled Fligbte Space for Weather Bureau & charge for service Space for Beauty Salon lower ro. tonda, Admin. Bldg. Space for Parking purposes—67,000 aq. ft Use epace within protective area, 1827.4 sq. f t Space located east of Hangar. # 8 — atorage of oil drums—200 sq, f t Sublease from United of space on 2nd floor, north side of building between Hangars 2 and 4 Space on east side of Rotnnda—^Marine Terminal Bnilding—W sq. f t Conduct scheduled fiigbta Use of Gasoline CJell in Bulk Storage Area Counter space; Botnnda Landplane Bnilding

3-19-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47

P-683 P-690 P-691

8-6-46 5-1-46
4t

American Express Co. Northeast Airlines, Inc.

P-692
II

P-693

II

Space 8rd floor Landplane Administration Bnilding^-636 aq. ft

36

So, P-694 p.6r^ j'-eyo P.607 P-698 P.699 P-700 P-701 P.702 P.703 P-704 P-705 P-706 P-707 P-708 P-709 P-710 P-712

Date 5-1-46
••

Permiitce Northeast Airlines, Inc.
*• It

Purpose Space main floor Admin. Bldg., 203 sq. ft Ubc 01 Field Space-Booth # 1 1 along Loading Platform—502 sq. ft Conduct scheduled flights Counter space—18 feet Landplane Administration Building One Gasoline Storage Cell Bulk Storage Area Marine Terminal Area Space on •3rd floor Administration Building—801 Bq..ft Spaco Main Floor—-Landplane Administration Bldg.—330 sq. ft

Expires 4-30-47 4-3C-J7 4-30-47 4-3047 4-30-47 4-30-47

•*

5-1-46
II

Northwest Airlines, Inc.
II

II

11

11

II

•1

11

4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47 4-30-47

11 14

»j

,

Use of Field Space—Loadine Platform Cols. 51-66 - 5 1 5 sq. f t Use of Gasoline Cell in Bulk Storage Area—Marine Terminal Conduct Schedule Flights Use of Private Plane Hangar Use—IB ft.—Counter space—I*andplane Bldg. along Circular Rotunda Use of Field Use—686 sq. ft. of floor space—3rd floor of Administration Building Space—Loading Platform bet. Cols. 102-105—^28.6 sq. ft Space on Third Floor Landplane Administration Building—703 sq. ft. 37

II

* * '* " " " *• * * '*

National Airlines, Inc. " " " *' " *' * *

No. P-713 P-714 P.715 P.716 P-717 P.718
P-722 P-74n

Date 5-1-46
.1

Permittee National Airlines, Inc.
»4

Purpose Space on Main Floor Landplane Administration Bldg.—193 eq. ft. (ise of Field Counter space—Landplane Administration Bldg.—18 feet One Cell—Gasoline Bulk Slorngc An^n Conduct Scheduled Air TranRportsUon STiaceat Gate #6—Loading Philform ' - 5 3 2 8q.ft Operate food service to psRScngers National Airline exclusively Display case—16 sq. ft at Circular Staircase, Administration Building Spaco»93d sq. ft for loading booths —platform columns 115-J24 Space for roointcnance of Garbage Bin—Hsngar #6—106 sq. ft
«

Expirtjs 4-'i"-4" •;-;r»'i*f 4-30-47 4-.'tn-47 4-30-47 4.30.<17 4-30-47 3-18-47 3-31-48 3-31-48 4-30-47 4.30-47 4-30-47 4-2;V47 4-30-47 4-30-47

5-1-46
II II 41

Pennsylvania Central Air lines
II II 11

6-15-46 3-19-46

James K. Dobbs, Inc. Carticr, Inc. Eastern Airlines, Inc. Transcontinental & Western Air, Inc. Sky Chefs, Inc. Frank Giordano Northeast Airiinos

P-1312 4-1-47 r-1318 4-1-47 r.767 r-700 r-857 P-861 P-023 P-938 8-1-46 8-1-46 9-16-46

Furnish food service to Northwest Airlines, Inc. exclusively Shocshinc stand—Land. Aiiiti. IMd^. Space—East of liangnr No. 8—Storing oil drums—160 sq. ft. Spaco—West of Seaplane Hangnr Xo. 1—38.019 sq. ft—Parking Aircraft 260 nqunrc foot Marine Terminal Building Space for (Sostoms & ImmigrationMarine Term. Bldg.—5,010 sq. ft.

4-26-46 . Pan American Airways, Inc. 5-1-46 5-1-46 Air Clearance Associates, Inc. Pan American Airways, Inc.

38

p.] 305 Allied Maintenance Co.—Date of occupation to April 30, 1947. 50^ per sq. ft for npprox. 2C0 sq. ft per annum. Enclose openings to provide storage for cleaning materials in Pashonger Arcade of Marine Terminal Bldg. P-93r; Air Clearance Associates. Inc.—May 1, 1946 to April 30, 1947. 10% of groea rcccipu., imynblo on or boforo 15ih of each month following tbe last day of the month tn which tiio roturu rolatoa. To conduct n customs broker service for the clearance of International shipments of air express—Marine Terminal

P-1067 Air P^xpress Intcrnotional Agency, Inc.—Nov. .24, 1946 to April 30, 1947. $256. per annum. Use and occupation of 128 sq. ft of space located on second floor landing of the Intomntional Air Terminal Bldg. P-1065 Air France—Nov. 25,1946 to April 30,1947. $1200. per annum. Use and occupation of one ticket counter located in the rotunda, west side of International Air Terminal Bldg. P-1022 Air France—July 1, 1946 to June 30, 1947. Use of runways, aprons, taxi strips and other fnulitics, used in common hy those so authorized, for purposes of landing and taking off aircraft used by permittee in scheduled transportation and other flights related and inci. dentnl.tiiereto. P'1268 Air France—May 1,1947 to April 30,1948. $600 per annum. Occupation of one-half of the northwest section of the circular information counter located in the main corridor of tbe International Air Terminal, P-1371 American Airlines, Inc.—March 25, 1947 to March 24, 1948. Use and occupation of 153 sq. ft of space located on the ground floor, west wing of the Land. Terminal Bldg. P-1221 American Airlines, Inc.—Dec 1,1946 to April 30,1947. Use and occupation of 1366 sq. ft. of 4pace oil first floor, I..niid, Administration Bldg. F-1222 American Airlines, Inc.—Doc 1, 1946 to April 30, 1947. Use and occ of 450 sq. ft. of space, second floor of Landplane Administration Bldg. P-1219 American Overseas Airlines, Inc—Sept 23, 1946 to April 30, 1947. Use and occ of 828 sq, ft. located in one-story masonry building, known as "Line Maintenance Building*'. P-1298 Anierican Overseas Airlines, Inc—Nov. 7,1946 to April 30,1947. Occupation of two covered passenger walkways containing an area of 8865 sq. ft located east of the International Air Terminal. P-1199 American Overseas Airlines—Sept 23, 1946 to April SO, 1947. Use and occ of temporary one-story masonry addition to northwest section of International Terminal Building.

89

^^

. AMM v;anlur. Inc.—March 19,1947 to March 18,1948. Occupation of approx. 16 sq. ft of space for the maintenance of the City-owned display and sales case, located at the main rotunda entrance to the circular staircase bet the present nowsatand and theflowerstand, in the Landplane Administration Bldg. p.lSia . Eastern AirUnes, lBOH-*April 1,1D47 to Marob 81,1046. Uio and ooo. of 038 sq. ft of spnoe for Loading Bootha, located along the platform bet Oolumnr 115 and 124, Incl. P-942 Empire Airlines, Iiic—Aug. 19,1946 to April 30,1947. Use anc -ceupy a temporary maintenance shop (Hangar) located at southwesterly end of LaGuardia Field, containing an area of 4444 sq. ft P-1210 Empire Airiines, Inc—Feb, 1,1947 to Jan. 31,1948.' Sublet to K. L. M. (Royal Dutch Airlines), tbe hangar and work shop biult by Empire Airlines. P-1196 Linea Aeropostal Venesolana-^an. 15 to April 80, 1947. Use and" occupation of 96 sq. ft of space located on second floor landing in the International Air Terminal Bldg. P-1005 Linea Aeropostal Venesolana-^Nov. 15,1946 to opening of Floyd Bennett Field. To conduct scheduled air transportation. P-1006 Linea Aeropostal Venezotana—Nov. 15,1946 to opening of Floyd Bennett Field. Use of nmways, apronB,4axi strips and otber facdlities. P-10b7 Linea Aeropostal Vcnezolana—Nov. 15,1946 to opening of Floyd Bennett Field. Uso and occ of a location for one gasoline storage cell at northwest comer of gasoline storage cells in International Air Terminal area. P-1287 Linea Aeropostal Venesolana—May 1,3947 to April 30,1948. Occupation of one-half of the northwest section of the circular infonnation counter located in tbe main corridor of the International Air Tenninal Bldg. P-1075 Manufacturers Trust Co.—Dec 10,1946 to June 30,1947, Use and occupation of 738 sq. ft. of floor space located on the first floor of the Administration Bnilding at LaGuardia Field. P-1282 Northwest Airlines, Inc—March 12, 1947 to April 30, 1947. Use and occupation of 1500 sq. ft of space located on tbe mezzanine floor of building between Hangars 4 and 6 at LaGuardia Field. P-930 Pan American Airways System—Aug. 5 to* Ang. 23, 1946. Use and occ of 23,750 pq, ft. of space located east of Hangar 8 at LaGuardda Field, for the purpose of parking Constellation aircraft P-1218 Pan American Airways, Inc—Sept 23,1946 to April 80,1947. Use and ocr of 1106 aq. ft. of space located In tbe one-story masonry structure known as *'Tiine Maintenance Bld^\*' on the apron at the International Air Terminal.
40

P-1290 Pan American Airways, Inc—May 1, 1946 to April 30, 1947. Use and occ. of a frame bldg. 173.5 sq. f t in dimensions, located east of International Air Terminal being used at present by British Overseas Airlines Corp. to shelter Line maintenance crews and equipment. P-93G Ponnpylvanio Control Airlines—May 1,1946 to April 30, 1947. Use and occ of the premises, ind. building on Biker's IsUnd, N. Y. as shown on blueprint W.P.A. Dwg. 4E3.

P-1209 Tampa-New Orleans-Tampico Airlines, I n c - ^ u l y 4,1946 to April 30,1947. To maintuir. passenger loading float and boat float both floats being attached to and north of the Cit> bulkhead. International Air Terminal, m connection with carrying on seaplane and crasl boat operations. IDLEWILD AIRPORT P-1201 Lcs Mortimer P-I07b Manufacturers Trust Co. Sell meals to workmen on construction 12/31/4: job Temporarj' Banking service FLOYD BENNETT FIELD None No. Date Permittee OTHER P.D2 P.C4 5-1-46 American Airlines, Inc. Occupy space for Receiving Sttuion, Rikers Island Control Tower—Permission to bridge cables to Central Tower, Hikers Island Eastern Airlines, Inc, 5-1-46 National Airlines Install Remote Receiver snd Antenna System in building on Rikers Island Transmission Tower, Cross Bay Blvd., Queens 41 4-30-4 Purpose Expire
6/30/4:

4-30-4 4-30--^ 4-30--:

P-2u7 P-320

/

No. P-507

Date 7-1-46

Permittee Bureou of Air Commerce

Purpose

Ex//ir/-s

103-G25 sq. ft. nt Ave Uand Stuart St, B.'-ooklyn 0..30-47 P-511A 7-1-46 Civil Aeronautics Adm. Itariio Kanj^c Station, English Kills r>-30-47 P-686 7-1-46 *• Radio Range at Rulers Bar. Hassock, Queens 6-30-47 674 Dept, of Commerce, CAA—Nov. 1, 1945, to June 30,1946. Operation ond maint. of on Instrumcnt Landing System consisting of Localizer Unit, Glide Path Unit and boundary ^^urkc^ Unit and necessary control facilities.

4

LEASES IN EFFECT AT N I ^ YORK CITY MUNICIPAL AIRPORTS No, Date Lessee
LAGUABUU

Purpose
AtBPOBT

Expircn

L-133

10 yrs. from date ol" operation L-128 10-15-38 American Airlines, Inc Hangars 1-3-5 — Space 10 yrs. from date Adm. Bldg. Conduct coinplct'n Bldgs. and Scheduled Flights Airport L-129 10-21-38 United Airlines Transport Hangnr 2 — Space Adm. ' " Corp. Bldg. Conduct Scheduled FlighU L-130^ 11-12-38 Tmnscontlnental & Western Hangars 4-6—Space Adm, * * •^^ Air, Inc. Bldg. Conduct Scheduled Flights L-3.35 5-16-39 Pan American Airways Co. Seaplane Hangar A " Space Seaplane Adm, Bldg. Conduct Scliedutcd FlighU
42

10-5-39

Hotel Now Yorker Corp.

Operate Restaurant

Ko, L-144

Date 12-1-39

J^cssce

Purpose

ExyAres 12-31-49

L-152 L-153

1-8-40 1.20-40

Grand Central Cadillac Rent- Right to Transport Air ing Corp. (Oai-cy Air- Passengers Parking Spacw' port Service, Inc.) « Vs Hangar 8 and lean-to Canadian Colonial Airways, Space Adm. Bldg. ConInc (Colonial Airline) duct Scheduled Fliglits Eastern Airlines, Inc Vz Hangar 8 and lean-to Space Adm. Bld^. Conduct Scheduled Kliijhtb

10 yrs. from date comph'rt'n Buildings and Airport 4-14-50

L-155

12-9-39

United States of America 2-story Of^ico Bldg. aud (Civil Aeronautics Adm.) Hangar

6-30-40 with annual Renewal Privilcgo to 6-30-60

L-177

4-4-41

American Export Airlines, Hangnr and Ic.nn-to at 10 yrs, from date Inc (Anicvican Overseos Scuplano Bnsc, Space in completion BuildMarine Term. Buildir.g. ings and Airport Airlines) Kight to Conduct Sch^sduled Flights Empire Trust Co. (Ml'rs. Trust Co.) 715 sq. ft, 1st floor Ad- 10 ycr.rs from d.itc of occupancy ministration BldK6-30-51 Show Case 2nd floor Administration Bldg. 3 Gasoline Stations I Cell in Gasoline Bulk Storage Area 32.1 .s.|- ^L., 3rd floor Administration Hid;;. Barber Shop Parcolfi A ohd 3 ai .Seaplane Base and Buildings thereon
43

L-lb2 L-1S3 L-1S5 L-169

4-1-41 4-1-41 S-l.'5-41

Gulf Oil Corp.

10 yrs. from date o:" completion 5 yrs, from diite oi' completion ^vith renewal privilege 12-1-51

10-24-41 Shell Oil Co.. Inc

L-llU

12-1-40

Frank Giordano

L-19o

5-6-42

Pan American Airwoys, Inc

ll-15-4ft

No.
L-202

Date 3-2-43

Lessee

Purpose

Expires Termination date oi primary term of main lease 2-29-52 Termination date of primary term of main lease

L.206 L-235

5-12-43

American Export Airlines, Land Adjacent to seaplane Inc (American Overseas Hangar 2 Airlines) United States of America 821 sq. ft. of space in Landplane Adm. Bldg. Post Office Department Land adjacent to Hangar 5 _

10-31-45 American Airlines, I n c

IDLEWILD AIRPORT L-222 L-223 8-31-45 8-31-45 Eastern Airlines Flagship CUubs, I n c (American Airlines) • Site area Space in Term. Completion of permanent facilities Bldg. Other Bights Space Permanent Term, Date of commencement 1st renewal Building Amer. Airiines lease Site Area Space in Term. Completion of permanent facilities Bldg. Other RighU
II

L-224 L-225 L-226 L.227 L-22S L-229 L-230 L-231 L-232

8-31-45 ' Northea^ Airlines &-iR-45
i'-^(-M-j <l i( 11

Pan American Airways Pennsylvania Central Airlines Trans-Canada Airlines United Airlines British Overseas Airways Corporation American Overseas Airlines American Airlines Transcontinental & Western Air, I n c
da

%. .. ••
11

il ft

11

•»
II

n

* .Vo. L-233

Date. 8-31-45

Lessee National AirliiicK

Purpose Site Area Space in Terminal Building, Other Bight... Aihlitionnl Land

Expires C'lmpicrion of pcrmaricni facilities T>.il.! of CoijimcncciT.L-t/i. U; Renewal Torm principle
ICJiSi'^

L-234

Aniorican AirUnos.'ind Trnn.'icojiiinctiia'i & Western Air, Inc. iff ^ . y ^ Colonial Airlines

L-23C

Site Area Space in Terminal Building, Other Rights Joint Lcise of Fuel Facilities

Compiotion of Permiiiif^nt Pacililies

L-237

T.-238

. •57*y<5-Colonial Beacon Oil Co. Shell Oil Co., i n c Socony Vacuum Oil Co. The Texas Co. .- .*5y .iy^- Swedish Intercontinental Airline (SILA) ^jj^v-Vf-Oulf Oil Corp.

Site Area Space in Terminal Building, Other Rights Operate Auto Ser\'ice Stations Also Marine Fuel nnd Transient Airrrnft Ground Space Docemher, 105">

L.239

12-20-45 CnrKnir Inc.

OTHERS L-l.jO Ntil known Diiiicd SlalcK of America Land for Range Site Vi(Civil Aeronautics Adcinity of English Kills. 11.41 acres miniKtration)
i.-Ki'

Year to year. Not tn cxiond V.oyonJ 6-30-1960 " 10 yrt.. fvoin (la\t; ot approval by B, of E.

0-24-39

X':iiicd Airlines

1.-140

11-1C-3D Trnnsconiinentai & > Western Air. Inc. lO-S-40 American Airlines

Transmission Tower Property on Cross Bay Blvd. Trnnsmission Tower, Jamaica Bay Transmission Tower, Jamaica Bay 45

L-ic:

SCHEDULE C Auinmoiivr. Equipment Ciiy EguipmentNo. Description G. M. C. dump truck 1938 (1%T) Chevrolet pick up truck 1938 (IT) Standard power lawn mower 1939 (Dept) Cletrac crawler tractor 1939 (Bulldoser) Ford sedan 1939 Ford dump truck 1939 (IViT) G. M. C. platform truck (7T) International Ladder Truck (IVsT) Worthington 105 cu. ft air compressor Worthington tractor with gang mower and side sickle bar BnfTalo Springfield road roller (FBF) Standard power mower Kohler gas driven electric generator International panel truck 1941 International panel truck Koblcr gas driven electric generator Kobler gas driven electric generator (Toldwell power band mower Simar roto-tiUer Portable gas driven electric generator (1250W) Bardie sprayer Jaeger pump 46

34. 8. IL 12. 14. 15. 16, 17. 20. 21. 22. 23. 24. 25. 29. 31. 32. 36. 38. 40. 41.

Autoynotive Equipment City Equipment No. 50. 51. 52. 53. 54. 55. 56. 67. 58. 69. 60. 61.

Description Walters snow plow Walters snow plow (Model lOBS) International Truck (Dempscy Dumpster) Dodge Recoiniaissance and Command Car Dodge Roconiiaissance and Command Car Dodge Reconnaissance and Command Car Mower Tracior-Worthington grassblitzcr Worthington Grass Blitzer Homelite 2" suction ptuip Ford Joep (1943) Chevrolet cargo truck (iVzT) Chevrolet cargo truck (1%T) Sand spreader Road magnet Disc harrow Spike barrow Grass blitzer units 2 sickle bars 2 crash truck U, S. Army (^lass 155 1 Tank Truck 2500-gallon 1 Ahrens-Fox Pumper and Hose Cart 2 Crash Trucks U. S. Army 125 1 3-Ton Cardox Crash Truck 1 G. M. C. Comb. CO* and Foam Crash Truck 2 John Bean High Pressure Water and Foam Crash Trucks 1 Seagrave Pumper 47

Shop Eguipinent: Lathe (Bench) model 409 South Bend 1939 Drill Press Stand Paving Breaker Thor # 2 0 Boiler tnbe cleaner Electric suction deaner & blower Tornado #10 Clay Digger Chicago Pnenmatio model CPM % electric drill % electric driU % electric drill % electric drill Stanley bench grinder 6" Stanley Portable electric hammer Delta saw joiner Circular wood saw Log saw (gas engine drawn) Portable circular saw 8" Electric Shears Platform (Telescoping) Hobart electric welder, 20 h. p., 300 amps., at 40 V., serial #DW4234 Portable pipe threader, electrir. driven Ir^strumenis: 1 Clamp-on ammeter, Weston 2 Simpson Roto Ranger Obmeter, etc)
48

Tes xng

#202

(Voltmeter,

Ammeter,

Tisfing
7n.5trti»ie» / 5 ;
^

M'cston Induatrial Analyzer ir639 Power cuhlu fault hridgfe Weston #603 illumination meter G. E. voltmeter G. E. recording wattmeter Tachometer Tensionmeter Megger (BiddlcO 250V Megger (Biddlc) 500V Fibre duct pre locator

1 1 1 1 1
• 1

1 1 1

49

SCHEDULE D AN ACT To amend chapter of the laws of Now York of ninotoon forty-sovun, entitied *'AK ACT to facilitate thefinancingand effectuation of air terminals by the port of New York authority and agreeing with the state of New Jersey with respect thereto*', generally. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Upon the concurrence of the state of New Jersey herein, in accordance with Section 3 of this Act, Sub-divisions (a) and (c) of Section 8, and Section 10, of Chapter of the laws of New York of nineteen forty-seven entitied "An act to facilitate the financing and eSectuation of air terminals by tbe port of New York authority and agreeing with the state of New Jersey with respect thereto", and of Chapter forty-three of tbe laws of New Jersey of 1947, entitled "An act to facilitate the financmg and effectuation of air terminals by the port of New York authority and agreeing with the state of New Jersey with respect thereto" are hereby amended to read as follows: ^ 8(a) Notwithstanding any contrary provision of law, every municipality in the port of New York District is authorized and empowered to consent to the use by the Port Authority of any air terminal owned by such municipaUty or of any real or personal property owned by such municipality and necessary, convenient or desirable in the opinion of the Port Authority for air tenninal purposes, including such real property as has already been devoted to a public use, and as an incident to such consent, to grant, convey, lease, or otherwise transfer to the Port Authority any such air tenninal or real or personal property, npon such terms as may be determined by the Port Anthority and such municipaUty. Every such mnnicipahty is also authorizea and empowered as an incident to such consent to vest in the Port Authority the control, operation, maintenance, rents, tolls, charges, and any and all other revenue:, of any air tenninal now owned by such municipality, the title to such air tenninal remaining in such municipality. Snch consent shall be given and the execution of any agreement deed, lease, conveyance, or other instrument evidencing such consent or given as in incident thereto shall bo authorized in tiie manner provided in article twenty-two of the compact of April thirtieth, nineteen hundred twenty-one, bet^veen the two states creating the Port Aathority. 50

((•; The stntofi of Now York and New Jersey hereby-const-.m to suits, actioni or pvocoodings of any form or nature in law, equity or nthcrwiso by any city or othor nmnicipality against tbe Pon Authority upon, in connection with or arising out of any such "agrcemoiit, agvcciaents or any modification thereof or suiiplcmont tbereio. TTIyany county, city, borough, village, to\vnship, municipality, public aj?oucy or authcrtry for tln^ rccovory of any moneys agreed to ha puid by tho.Por: Autnority ili^jrcUdilcT, and for such purpose only, and any judgment therein against tho Port Auihority HILIU be pay.nhlp. only from such funds as the Port Authority may have availivhle for tho paymei;: ^^ buch judgmenty for the following types of relief and for titich iiurpoaos only: (1) For money damages for breach thereof, (2) For inonoy damages for torts arising out of the operation of the municipal air terminal, (3) For rentj^ (4) For specific performance, (5) For reformation thereof. (li) For accounting, (7) For declaratory judgment, (S) For judgments, orders or dccreos restraining or enjoining the Port Authority from Irausferring title to real property to tkird persons in cases where it liaa coitiracted with Such City or other municipality to transfer such title to such CJity or municipality, and (9) For judgments, orders or decrees rostrainiiiff or enjoining tho Port .\niliority from committing or continuing to .commit other breaches of such agrccmcntri wiili auch City or municipaUty, provided, that ii the proceeding for such judgment, order or decree is brought in a Court of tho State of Jfow Jersey, it shall not take enocti. nniil affirmed by the'Court of Errors and Appeals of that State, or if tlic Porr Autiiority takes no appeal tborofrom, until the nine to take such appeal ]ia.s oxpirfcd, ffrovidud further, that if tbe proceuding for such judgment, ordur or d^c-icc i^ brou^rht in a court of the State of New York, it shall not take oiroct until afariiu-f] hy the Appellate~Divisioh of the Supreme Court, or if tho Port Authoriiv vaKti>? : '> apponniiorelrom, until the time to take such appeul has expired, and provided ii^ai-y ibat if the proceeding for such judgment, order or decree is brou^^ht in a Fccl(r:;f Court, it shall not take effect until afiBrmed by the Circt:it' Court of Appeals or 1? the Port Authority fails to take an appeal therefrom, until tbe time to appeal l.;is expired 51
•I —1—--. . - — -— ^ — — g ,,, ' .~ — • ' — ^ ^ ;-•--— — -•••••••.-•

^^^^cn rules nf vcmip nro applicable, thi- vonuc of any such .sr.ii, nc-iion f,r y,;.,. coodin^y sliall be laid in rlic couiicy or jutiicial district in wliicli the airport, wiiicj; i> the subject ninticr of sucli agreement between ihc Port Authority and the City or otiier municipality, or any part thereof, is located. If any clausOf sentence, paragraph, or part of thia aubdiviBJon or tho application tiioreof to any person or circumstances, eJiall, for any reason, be adjudged by iLcourt of competent jurisdiction to be invalid, such judgment shall not ol'fect. imPjjir, or invalidate the remainder of this sobdivision, and tlie applicntioii thcroof'lo any other person or circumstances, but shall be confined in its operation to tho cl;ius[\ sentence, paragraph, or part thereof directly involved in the controvergy in which such judgment shall have been rendered and to tho person or circumstances involved. ^ 10. Tho Port Aathority may make application directly to the proper federal ofBcials or agencies for federal loans or grants in aid of air terminals owned or operated by it; provided, that if either state shall have or adopt general legislation governing applications for federal aid for air terminals by municipalities of such state, or the receipt or disbursement of such federal aid by or on behalf of such municipalities, then such legislation shall at the option of such state apply to applications by the Port Authority for federal aid for air tenninals located in such state and to tho receipt and disbursement of such federal old by or on behalf of the Port Authority, in the same manner and to the same extent as other municipalities nf such state. Except os above provided, and except ns othcr\vi.so provided in any •tgrccmont between tbo Port Anthority and a mnnicipnlity, no agency or comniiasioii 0^ oitlicr state shall have jurisdiction over any air terminals under the control of tiic Port Authority, and all details of financing, construction, leasing, charges, rates, tolls, contracts and the operation of air terminals owned or controlled by the Port Authority shall be within its sole discretion and its decision in connection with any and all matters concerning snch air terminals shall be controlling and conclusive. ^ 2. The first sentence of section fifteen of Chapter York, 1D47, is hereby amended to read as follows: of the laws of New

^ 15. Subject to the foregoing limitations, [At its option,] the Port Authority may, jit its option, uxtivciso the right of cumicnt domain or condcmnntion to acquire roal property for air tenninal purposes as sot forth in this section. ^ 3. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with Section 1 of this set, but if tbe siato of New Jersey shall have already enacted such legislation, tiien this act shall take effect immediately. 52

SCHEDULH E LEASES IN EFFECT AT NEW YORK CITY MUNICIPAL AIRPORTS XiAOUABOU TtZLD No, L-128 Date Lessee Purpose Expires

10-15-38 American Airlines, Inc.

Hangars 1-3-5 Space Adm. 10 yrs. from date Bldg. Conduct Scheduled complct'n Bldgs. & Flights Airport Hangar 2 Space Adm. Bldg. Conduct Scheduled Flights Hangars 4-6 Spaco Adm. Bldg. Conduct Scheduled Flights Seaplane Hangar A Space Seaplane Adm. Bldg. Conduct Scheduled Flights ^A Hangar 8 and lean-to Space Adm. Bldg. Conduct Schedaled Flights ^^ Hangar & Ican-to Space 4-14-50 Adm. Bldg. Conduct Scheduled Flights Hangar and lean-to at 10 yrs, from date Seaplane Base Space in completion Bldgs. & Marine Term. Bldg. Airport Right to Conduct Scheduled Flights 3 Gasoline Stations 10 yrs. from date completion

L-129

10-21-36 United Airlines Transport Corp. 11-12-38 Transcontinental & Western Air, I n c 5-16-39 Pan American Airways Co.

L-130

L-135

L-152

1-8-40

Canadian Colonial Airways Inc. (Colonial Airlines) Eastern Airlines, Inc.

L-153

1-20-40

I>-177

4-4-41

American Export Airlines, Inc (American Overseas Airlines)

L-185

6-13-41

Gulf Oil Corp.

53

No. L-189

Date

Lessee

Purpose

ExintCS

10-24-41 Shell Oil Co., Inc,

];-192 L^195

12-1-40 5-6-42

American Airlines, Inc. Pan American Airways, Inc

1 Cell in Gasoline Bulk 5 yrii. from date ol Storage Area completion with renewal privilege 450 sq. f t 2nd floor Adm. 12-1-46 Bide. Parcels A and B at Seaplane Base and Buildings thereon 136G sq. ft. 1st fioor Administration Bldg. for Admirals Club and Cour cession Land Adjacent to seaplane Hangar 2 Land adjacent to Hangar 11-15-49

*

;

L-197

12-1-40'

American Airlines, Inc

12-1-46

1^202

3-2-43

American Export Airlines, I n c (American Overseas Airiines)

Termination date of primary term of main lease

1^^235

10-31-45 American Airliues, Inc

IDLEWILD AIRPORT 1^-222 L-223 8-31-45 8-31-45 Eastern Airlines Flagship Clubs, Inc (American Airlines) NortbeiB&^ Airlines Site area Space in Term. Bldg. Other Righto Space Permanent Term. Building Site area Spaco in Term. Bldg. Otiier Rights Completion of permanent facilities Date of commencement Ist renewal Amer. Airlines lease Completion of permanent facilities

L-224 L-225 L.226 L-227

8-31-45

•n
8-tt-45 Pan American Airways v . * ; - y ^ ' Pennsylvania Central Airlines Trans-Canada Airlines

54

No.
L-228 3.r-230 L.231 L-232 L-233 L-234

Date 8-31-45

Lessee United Airliues American Overseas Airlines American Airlines Transcontinental & > Western Air, Inc. National Airlines American Airlines and Transcontinental & Western Air, Inc.

Purpose Site area Space in Term. Bids. Other Righlh

Expires Completion of ytcniiancnl facilitica

Additional Land

Dale of Coniineiicc* mont Isi Bcncwai term Principle leases Completion of Permancnt Facilities "

L-236

io^i't^tt' Colonial Airlines

Site Area Space in Torminnl Building Other Rights Joint Lease of Fuel Facilities

L-237 ,:? "i?- '/%-Colonial Beacon Oil Co., Shell Oil Co., Inc, Socony Vjicuum Oil Co., The Texas Co. L-239 ,^ .^y. ,f^ Gulf Oil Corp.

Operate Auto Service S;ations Also Marino Fuc'i and Transient Aircraft Transmission Tower Property on Cross Bay Blvd. Transmission Tower, Jamaica Bay Transmission Tower, Jamaica Bay 10 yrs. from date ol* approval by B. of E.

1.-137

9-24-30

United Airiines

L-140 L-167

11-10-39 Transcontinental & Western Air, Inc. lO-S-40 Americon Airlines

55

The Port Authority agrees that the City shall retain the sum of $100,00:) from tiie deposits and pre-paid rents described i» Section 12 of the ;igrccnicnf until sncJi time as releases and consents similar to the release and. consent set forth in Schedule F arc delivered to the City by Swedish Intercontinental Airline (SII^A) and British Overseas Airways CTorporation; and upon tiio delivery of the release nnd consent from either of the aforesaid companies to the City, or when cverv- action which may be brought by such company on account of any breach of its lease or agreement by tbe City has been barred by the Statute of Limitations, the sum of s S . O . shall be paid to the Port Authority by the City. ^ OO O

56

SCHEDULE F
KNOW ALT. MEK BY THSSE PBESSKTS

that

WsaasAS, a certain agreement dated April , 1947, has been entered into between THE CITY OP NBW YOBK (hereinafter referred to as Qrrr) and TKE POET or NEW YORK AtriHOBrrv (hereinafter referred to as the POBT ATTTHOBrrr) which agreement covers, among other things, the leasing by the CITT to the POST AxrrBoairr of its municipal air terminals in the City of New York, and
WEEBEAS, by and pursuant to said agreement, the Crrr has assigned to tbe POBT AuTEoanr as of June 1, 1947 a certain lease, permit contract or other agreement made on the day of 19 , between the Cnr and the undersigned,

[LIST AoDinoKAi. LEASES]

Now, THEBETOBE, for good and valuable considerations, the receipt whereof is hereby acknowledged, the undersigned does hereby consent to the aforesaid assignment of the aforesaid lease, permit, contract or other agreement, together with all security deposits and prepud rent; and the tmderslgned, for good and yaluable further considerations, receipt whereof is hereby acknowledged, does hereby release the CITT from all liabilities, claims and demands, including security deposito and prepaid rent, now existing or hereafter to occur under said aforesaid lease, permit eontract or other agreement and tho Ctrv is hereby released and forever discharged of and from any and all manner of actions, causes of action, suits, proceedings, debto, dues, contracts, judgments, and damages, claims and demands whatsoever in law or equity which against the Crrr the undersigned ever bad, now has or which its successors and assigns can have or may have, for or by reason of any matter, cause, or thing whatsoever, arising out of or hereafter arising out of such lease, contract, permit or other agreement And the undersigned does hereby release and forever discharge the Port of New York Anthority from any and all liabilities, and any and all manner of actions, caxises of action, suits, proceedings, debts, dues, contracts, judgments, and damages, claims and demands whatsoever in law or in equity which against The Port of New York Authority the undersigned ever bad, now has or which its successors and as57

signs can have or may have, for or by r4ason of, or arising directly or indirectly out of any breach of, the aforesaid lease, permit contract or other agreement, committed or alleged to have been committed prior to June 1,1947. tbe undersigned has caused these presents to be signed by its proper ofBccr and its corporste seal to be hereunto affixed this day of 1947.
IK WITKESS WHEBSOV,

ATTEST:

(Acknowledgmen t)

58

SCHEDULE H 1. Department Contract No. 2533. Misc construction for three runway operations, Idlewild Airport (Board of Estimate Cal. No. 209, April 10. 1947). 2. Department Contract No. 2328. Repairs to buildings and structures, Floyd Bennett Field. 3. Department Contract No. 2518. Preparation of field sketches, etc. Floyd Bennett Field.

59

Ex.1

SCHEDULE I DEPARTMENT OF MARINE AND AVIATION
CZVIL S S B V I C E E U F L O T E S S C K A B G E D TO T B E BUBEAtT OF AviATTOy

Code 6105-001 T S
Line 1 TUU Direetor of AlrporU Aljport Muitger Airport XupiMtor Airport lupeetor Airport Intpeetor AirjMTt bupeetor Airport Xtapoctor AceooDtant ClerV Cluik Telephone Operator Attendmst (FeouloJ ForemftS Eleetrieioa Oilor (8020) BicctrieiOA (Airport) Auto Mccliaaie ( 3 0 2 0 yoroman Laboror (813n) Laborer (308S) Laborer (303D) Laborer (SOSU) Laborer (3C2D) LaboTW (S02n) Solory (BOOO) tSSSO (6500) STISO (4000) 14650 (3800} MOlO (3300) S4010 (3360) S4010 (3350) MOlO (£540) 53290 (2340) S3500 (1260) •1»20 (1800) 52460 (1020) 52580 54990 53000 51S. a dar 53860 (2220) 53170 (1740) 52400 (1740) 5S400 (1740) 52400 (1740) 5S400 (tT4U) 52400 KeaneUi P. Bebr Saawl h t r j i t m a 0. Allans VtaX 0. Grigson Edward 0. Juengtt Otorg* <I. Sebloer SiBMa n . Fiigio 3obD L. S1&I7 MarioB 0. Troiii Helen J. SatJwrlaad Mary A. E. Morrie Walter L. Bennett Bobert C. Kite Frank J. UftPartlond Uobert Q. Joaos Franeia E. Jobnaon John J. Baldi Otia Orofforr' Joaepli II. KeOratli Joaepb Ma([ffio WfUiam A. Scifert Nans
AiiUMS

AppoUUd 4/ 1/42 S/10/31 7/16/31 7/10/31 5/ 9/29 7/16/31 8/22/31 ll/Sl/39 7/ 1/30 7/ 1/43 3/26/40 9/ 1/39 0/12/34 0/13/ST 3/12/40 7/ 1/43 4/10/31 S/15/42 2/ 2/42 C/10/42 ., 4/18/31 6/ 7/42

Ztmarkt

s
14 IS 13 16 IC 17 IS Id •J2

M. L.

L. 0. A. to Line 3 L. O. A. to Line 70

L. O. A.

ss
20 27

AssiffncU to Bar. Fcrric«

as
30 32 33 33 33 33 S3

60

Ex.1

Code 8105-001 TS (cont.)
Line 33 34 34 31 37 38 36 30 30 40 40 42 42 43 46 46 4o iS Cl 52 32 52 U S5 50 39 TitU Laborer (302D) Laborer (3020) Laborer (S02S) Laboror (3020) Oardeaar Aaaiatant Oardooer AaaiiitaBt Qardcner Aaaifltaat Cardoaer Aaaietoat Gardener aooaer (3J«la) (302D) Oeaaer (Ual«) (3020) Qeaner (Femalo) (302D) (<laaaor (Pemala) (3020) aeftaor (Femalo) (3020) Airport Aaaiatant Airport AaaiaUat Airport Aaaiatant Airport Aaaiataat Uaiateaanca Man (3030) Maintenance Man (3020) Maistcsaaee Maa (3020) Mabtoaonce Man (3020) Salary . (1740) 52400 (1740) 52400 (1740) 52400 (1740) 52400 (2400) 53050 (8040) 52700 (8040) 52700 (1700) 52360 (1700) 52860 (1550) 523S0 (1560) 53280 (1380) 53040 (1380) 52O40 (1380) 52040 (1800) 52460 (1800) 52460 (1800) 52460 (1320) 51980 (2400) 52700 (2320) 13320 (S220) 52320 (2220) 52320 Xoma Frank J. LomicelL Borbort J. Egloatoa Anthony Gialloreto Albert DePhilUa U Chariea Mnnray Barold A. Patteraoa Otto C. Kemp John L. Eapoaito Coraelina A. Jocekel Qtorgt H. BlaM7 Barlaa E. Ber^ea Adele Woiaberg UaryC. Flood Bridget Banke Joaeph F. Giordano Jamea F. McMnnay Warren C J. Grants 0aTid L. Wolab Joeepb Peaeia Frederick T. Hubbard Staalojr CJuUwiek Paaqaalo CaateUi Frank Bergman Julia 0. Jediieka William K. MeCaSra; Astbony OTcoreok
7/ 1/39 12/ 1/30 12/ 1/39 5/27/40 1/ 1/46 21/S4/39 10/19/39 6/14/40 8/ 1/40 2/ 1/43 12/23/39 5/16/41 10/16/41 5/ 1/41 8/ 1/41 11/20/37 2/ 1/42 2/13/40 3/16/46

Addreu

Appointed
3/11/42 6/;8/42 12/30/39 12/30/39

£emarlii

h. O. A. t o
8108-Line 56

L. 0. A.

M. L.
L. 0. A tl f 8108-Line 56

(8100) 52400 Mainteaaace Maa (Airport) (8020) (1320) 51050 Qeoaer (Femalo) (3020) Airport Aaaiatant Airport Aaiiatast (1680) 52340 (ISOO) 58450

5/16/45
12/ 7/40 5/28/41 L. 0. A.

61

/

Ex.1
Code 6105-001 T S (cont.) Line
79 SO 88 89

TitU
Clork Clerk Telepbeae Oparator Aeeoaataat

Halarj/ (1S60) 53220 (1360) 51980 (1600) 58460 (8540) 53280

yome lonU Weiaatouc. Jaaui F. Uarpkj Alioe BuUins Jebn Forkaa

AAirttt

Appointed

Jlemnrkii

2/ :/47 :/ I/O
3/15/39 8/13/30

Code 61O6-O07
55 35 33 58 Elcctriciaa (SSO0) Electrician (B60D) Electrician (2500) OUor •IS. a day SIS. a da/ $15. a day 88.72 a day CarlObarardi WlUred T. Joaoa Hifthf^ P . C E e a r a Abraham Wdler 5/27/38 13/ 1/30 9/20/45 6/14/27

Note: M.lhiadieAt«sonMI]itfiJ7LeaTeL L. 0. A. indlcataa on laate of abaeaco witbont pay.

.\prl'. \<>, l;«47

62

Ex.1

DEPAirniEXT OF MARINE AKD AVlATiOX
EMPLOV££& aa.I
iitae

CnAitGED TO EKCIIIEEBXXG BUSEA;} AKD OTHER CODES
AKD ASSIGNED TO AVUTXO>' BUBEAV

rtiu
Ciril Engioecr Aaat Citil Engineer Jr. Civil Engineer Aaat. Civil Eagiaeer AaaL Civil Engineer CStr.) Civil Esg. 0ra/Ufflaa laapeeter of Fior Bldg. laapoetor of Pier Bldg. Forcouin Laborer Watebmaa Wbt«baiaB Watebnun Ticket Agent Carpenter (2S0D)

Soiary (SOOO) 8630 (3360) 4010 (2700) 3330 (4260) 4910 (3G60) 4310 (3000) 3550 (2760) 3410 (8760) 3410 (S520) 3170 (120t)} 1800 (1320) 2680 (1200) 1860 (1440) 2100 ^4.70 day

yame Jaiaee S. Sonny Bobert H. Cameron WaJter J. Lynch Albert Baser William S. Boffctan Stan ley Sxlaada Jamoa A. Fay Konard B . Rchwarting Elliott 0 . Eaenloin Edvard A. (^orraa* Louie A. Saonden* Joaepb J. Wbltaey" Edward Maznor* Fredcriek W. Boll

Aritlreii

Appointed 7/ 7/25 2/16/45 4/18/23 10/:::/28 4/lii/30 J2/1A/;1 10/21/35 4/20/31 10/21/35 1/2C/-J7 1/ 0/4:

RtTitafka

8103-3 8103.15 . S103-2i 810^-48 SlOS-52 8103-63 6X03-09 8103-00 8103-97 8103-106 8103-107 8103-108 6106-24 8108-3

ProT. Sab. for S. CJurlcy-* U 0. A.

i/:o/o
2/25/46 9/29/44

Ferry Bureau £mp.

SPECIAL SCHEDULE
IC 19 21
itJt

J-. Clvli Erj-inccr Civil Eng. 0rafuaan Jr. Civil Engineer Jr. CiviJ Engineer Jr. Civil Engv'-eef Ink'i'wcior of Pier Hldg. lujtcclor of i^i'ir Bldg.

(2700) 3350 (2940) 8590 (Z700) 3350 (2700) 3350 (2700) 3350 (2820) 3470 (2820) 3470 (2760) 3410

Jobn J. Foley Qoorgo P. Seeor George XI. Flaaagao Jamea F. Rigney Robert J . Xnne 0<:;eod T. Bamea Arthur L. Walab Juliet t.Grabam

5/2V*5 3/16/46 C/l&/4-i 6/ 2/36 9/16/30 4/ 2/32 4/ 2/Zi 4/1:6/22

2.1 24

Vt<

Hicnograpbcr Id, 1047

Sciw r»prM

* ladienicB Proviaicaal Employeo.

63

TKS C i r y CF N2V/ YCRX

ano
THE ?ORT OF NEW YORX AUTHORITy

FIRST SUPPLEMENTAL AGREEMENT WITH RESPECT TO MUNICIPAL AIR TERMINALS

Date(3 May .26, .19^9

r

FIRST SU??LErg>:TAL AGREE?'SX? '•^TH RESP2CT TO I^HINICIPAL AIR TERr^NALS

THIS AGREEMENT (hereinarter called "First Supplemental ABreeraent"), made as of the 26th day of Kay, 19^9 t y and between TKE CITY OF NEW YORK, a municipal corp) oration of the State of New York with Its principal office at the City Hall In the Borough of Manhattan, City of New York (hereinafter called "the City"), and THE PORT OF NEW YORK AUTHORITY^ a body corporate and politic, create;! ay compact between the States of New York a n New Jersey with .d the consent of.Congress, with its office at No. Ill Eighth Avenue, Borough of Manhattan, City of New York (hereinafter called "the Port Authority"): V I T K 2 S S E T H : ; MHEHEAS, under date of April 17, 19^7 the City and the Port Authority entered into an Agreement (herelnafte: called- "Original Agreement") with respect to municipal air terminals, the execution of which by the City was authorized by resolution duly adopted by its Board of Sstir.a'ce or. the lyth day of April, 19^7 (Cal. No, 5) and the execution of which by the Port Authority was authorized by resolution duly adopted by Its Board of Commissioners on the 17th cay of April, 19^7, and

;

WKlnZkS, oy said Crlsir*al Agreement the City demised to the Port Authority the premises, among others, shown in green on the Map designated "Map II" annexed to said, Original Agreement, and WHEREAS, the Port Authority desires and is willing to release and surrender unto the City as of the date hereof two certain portions of said premises more particularly described hereinafter, and the City is willing to accept such release and surrender; NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, the City and the Port Authority hereby mutually undertake, promise and agree each for itself and its successors and assigns, that said Original Agreement shall be and It hereby is supplemented, amended and modified as follows: 1. The Port Authority hereby gives up, grants,

yields and surrenders unto the City, and the City hereby accepts the surrender of those two certain portions of the premises demised as aforesaid as are colored in blue on the Map annexed hereto and marked "Supplemental Map II" and all the estate, right, title. Interest, tern of years, property, claim and demand whatsoever of the Port Authority of, in, to or out of the same to the Intent and purpose that the said term in said two certain portions of said premises as are colored in blue on the aforesaid Supplemental Map II may be wholly merged, extinguished, dterr.lr.ed and excluded from

- 2 -

said lease. TO HAVE AKD TO HOLD sale premises nerein surrendered unto the City, Its successors and assigns forever, provided, that until the expiration or sooner termination of the Original Agreement, the premises herein surrer^dereo shall be held by the City for street purposes and for no other purpose or purposes whatsoever, 2, Except as herein modified, the Original Agreement shall continue to remain in full force and effect without reduction in rent by reason of the reduction of the demised premises affected by this First Supplemental Agreement . IN WITNESS WHEREOF, the City has caused Its corporate seal to be hereunto affixed and duly attested anfi this Agreement to be signed by its Mayor; and the Port Authority has caused Its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Executive Director, the day and year first above written. ATTEST: /s/ William A. Carroll First Deputy and Acting City • Clerk ATTEST: Joseph G. Carty ~ APPROVED AS TO FORM: R.C.S, _Leander I. Shelley CITY OF NEW YORK By /s/ Villiam O'Dvfyer • ' Mayor • ^ ' . THE PORT.OF NEW YORK AUTHORITY By Austin J. Tobln Executive Director

General Counsel
H.E. O'D, Charles ?. Preusse ; 'S. A, Acting corp(3ration counsel - 3-

iCATE OF ^!v YORK ) ^:; C . . ' . w- x E YORK J SB. .-.. -w CITY OF ! ^ YORK .W j
Ex.1

On this 10th day of June, 19^9. before me personally came, William A. Carroll, with whom I am oersonally acquainted and knovm to me to be the First Deputy and Acting CITY CI£RK of THE CITY C? NSW YORK, who, belnK by me duly sworn, did depose and say that he resides at t that he is the First Deputy and Acting CITY CLERK OF THE CITY 'OF NSW YORK, the corporation described In and which executed the foregoing instrument; that he knew the seal of said corporation (the corporation described in and which executed the foregoing instrument); that the* seal affixed to said Instrument is such corporate seal; that it was so affixed by order of the Board of Estimate, and that he signed his name thereto as First Deputy and Acting CITY CI^RK by like authority; and further that he knows and is acquainted with WILLIAM O'DWYER, and knows him to be the person described in and who as MAYOR OF THE CITY OF NEW YORK executed the said instrument; that he saw him subscribe, execute and deliver the same, and that he acknowledged to him; the said William A, Carroll, that he executed and delivered the same, and he the said William A. Carroll thereupon subscribed his name thereto. /s/ Joseph A. Panelli JOSEPH-A. FANELLI Commissioners of Deeds, City or New York New York County Clerk's No, 57 Commission Expires March 15, 1951' STATE OF NSW YOKK COUNTY OF NEW YORK ) ss. CITY OF NEW YORK ]

On this 6th day of June, 19^9, before me persor*ally came and appeared JUSTIN J. TOBIN, to me known, who, belna by me duly sworn did depose and say that he resides at that he is the Executive Director of THE PORT OF NEW YORK AUTHORITY, a body corporate and politic, created by Compact betv;een the States of New York and New Jersey, with the consent of Congress, :iescrlbed in and which executed the foregoing Instrument; that he knows jhe seal of THE PORT OF NEW YORK AUTHORITY aforesaid; that the seal affixed to said instrument is such seal'; that it was so affixed by order of the Coaanissloners. of THE PORT OF NEW YORK AUTHORITY, and that he signed* his name thereto by like order. / s / Marguerite P. Nielsen MARGUERITE F. NIELSEN NOTARY PUBLIC, State of New York Residing In Kings County Kings Co. Clk's No. 39. Reg.No. 157-N-O Certificates Filed In N.Y.Co. Clk's No, ^6,Reg.No, 252-N-O Commission Expires March 1950 -4-

SECURITY DRAWINGS - Ex. (4)

THE CTTV OF NEW YORK

nnd

THE PORT OF NEW YORK AUTHORITY

with refjvccf to

iEmtictpal A t r Qlrrminalfi

DATED

^ C ^ ^ ^ - C ^ ^ U ^ J " ^ . 1952

^ 7

J^I}rP^tt^^tlt (hereinafter called "Second SupplGmcntal A^ceiueni") made ns of this 7 ^ day of ^C<n*<***-i<^i^, 1952, by and between THE CIT^' 07 NEW Yoaiv, a municipal corpovation of ihe State 01' New York, with its principal office at the Cliy Hall in the Borough of Manhattan, City of Now York (horoinafter oaUod tho "City"), and THE POBT or NEW YORK AVTHOEITV, a body corporate and politic created by Compact between tbe States of New York and New Jersey with the consent of Congress, with its o^ce at I I I Eighth Avenue, BoroQgb of 2Ianhattan, City of New York (lieroiuafter called the "Port Authority*'),
\YXTKES8ETH :

under date of April 17, 1947 the City and the Port Authority entered into an Agi'oement With Respect To MnniMpal Air Tenninals (hereinafter called "Original Agreement"), the execution of which by the City was authorized by resolution duly adopted by its Board of Estimate on the 17th day of April, 1947 (Cal. No. 5) and the execution ot which by the Port Authority was authorized by resolution duly adopted by its Board of Conunissionors on the 17tb day of April, 1947, and
WHEBEAB, WHEREAS, under date of May 20, 1949 the City and the Port Authority entered into an agreement (called "First Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said First Supplemental Agreement hy tho City having been authorised by resolution duly adopted by its Board of Estimate on tlic 26th day of May, 1949 (Cal, ^0.137) and the execution thereof by the Port Authority having been authorized by resolution duly adopted by its Board of Commissioners on the 12th day of May, 1949, and

WEEnEAS, it is necessary and mutually desirable that certain of the terms, conditions and provisions of said Original Agreement should he further modified, amended r.nd supplemented, Now, TscnSFoaE, for and in consideration of ilie agreements and covenants herein contained, the City and the Port Authority hereby mutually undertake, promise and agree each for itself and its successors and assigns that said Original Agi*ecment shall be and it hereby is supplemented and amended as follows:
1. DEFiymoys

Except as hereinafter expressly provided, any words or phrases used in this Sccor.d Supplemental Agreement and specially defined in the Original Agreement shall he read and construed in accordance with the definition in tho Original Aprrecmeat.

f-T

2. fe^'-.'iisTiTirTr.:! Sf^i[i:uuLr. A

The Kchcdule annexed hereto marked "Substituted Schedule A " shall be and it hereby is substituted in the plaoe and stead of the schedule marked "Schedule A " annexed to said Original Agreement Wherever iu said Original Agreement roforoneo is made to 8ohodule A, sueh roforonco nhall bo eonstruod to rofor to said Substituted Schedule A. 3- LA Gt'AnpiA. AtRFouT—AREA A—SpnnEypEa or PonTioy or DBMISEU PREarrgES The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts tiie surrender of the portion of the demised premises shown colored in red and hy hatching on the map of La Guardia Airport annexed hereto and marked "Supplemental Map I " , dated August 8, 1952, and all the estate, right, title, interest, terms of years, property, claim and demand whatsoever of the Port Authority, of, in, to or out ot the same, to tho intent and purpose that tlie said term in said portion of the demised premises ahown colored in red and by hatcliing on the aforesaid Supplemental Map I may be wholly merged, extinguished, determined aud excluded from the Original Agreement, to have and to hold said premises herein surrendered unto the City, its successors and assigns forevur, stihjrr.t, however, during the term for which the demised promiaoR wore loasori, to the provialui^a of section 24 of Raid Original Agreement. 4. Sunny.XDEr. or Pr*'..Tifiys .iv DEMIPED PREMTSFB—"J^TAV YOHK Iy7r.r.yAr:r.:.;.T, A r::.'c.;:T —BOI^-O.VI;Y STJ'.>.:-rrs The Pori AuUioniy horpby gives up, griiiiiii.yioldfi and Burnmders unto ilie Cii> iiud the City horcby i.cik^pts the surrender of tho portion of the dt>nii.';cd premises shown colored in red on the map of Xew York International Airport annexed hereto and n'.r.rkcd "Supplemental Map H^A", dated August 8,1952, and all the estate, right, title, interest, term of years, propciiy, claim and demand whataoever of tho Port Authority oi, in, to and out of the same, to the intent and purpose that the said term in aaid portion of the demised premises shown colored in rod on said Supplemental Map II-A may be wholly merged, extinguished, determined and cxeladod from the original lease agreemont, to have and to hold said premises heroin surrendered unto the City, its successors and assigns forever, provided, that during the term for which tho demised premises are leased, said premises heroin surrendered shall be held by the City for street purposes and for no other purpose or purposes whatsoever, aud provided, further, that the Port Auihority shall have tlie right to tho maintenance therein and thereunder of utility facilities heretofore installed by tho Port Authority.

^ ^

5.

REDUCTION

ix

SIZE

or PARCEL 6—NEW

YOPK

lyTERyATioxAL AIBPOBT

Tho City is hereby relieved and discharged of its obligation under the Original Agreement to acquire by condemnation on or before January 1, 1951 the parcel designated as " 6 " on Map II annexed to the Original Agreement. In lieu thereof the City agrees to acquire tho parcel designated ae " 6 " and shown colored in yellow and by hatcliing on Supplemental Map II-A, annexed hereto, by condemnation on or before July 1, 1953. Upon the vesting of title thereto in the City, said Parcel 6 on Supplemental Map II>A shall become a part of the demised premises and shall be subject to all tlie terms and conditions of the Original Agreement. There shall ho no reduction in rent or in tbe Port AuUiority's obligation under Paragraph 19 of the Original Agreement by reason of the reduction in size of Parcel 6 as herein provided. « 6, NASSAU EXPRESSWAY—NEW YORK IxxERyATioyAL AIRPORT There is shown on Map II annexed to the Original Agreement, marked "Future Nassau Expressway", a strip which, under the last paragraph of Section 2 of said Original Agreement, was rcbcrved for construction of such expressway subject to certain conditions and provisions. The City by resolution duly adopted by its Board of Estimate on Januarj* 11, 1951 ^Calendar No. 118) having now approved the General (First Phase) Plan for Nassau Expressway which provides for a substantially different alignment than was contemplated at the time of tlie Ori&iniU Agreement, the following provision is hereby substituted in place and stead of the provision set forth in the aforesaid last paragraph of Section 2 of tho Original Agreement: "If within ten (10) years from the date of thi« Second Supplemental Agreement the constimotion of Nassau Expressway has boon authorized and actually started, tho Port Authority hereby consents to the reduction of the demised premises to the extent of the strip shown colored in orange and by hatching on Supplemental Map II-A annexed hereto, provided, that .said strip shall be held by the City, for and duvi:;g the term for which the demised premises are leased, for street, park or expressway purposes and for no other purpose or purposes whatsoever, and provided, further, thnt access between tlie expressway and tho demised premises shall be provided at tlie two points designated os "Access No. 1 " aud "Access No. 2 " on saici Supplemental Map II-A and tliat trnnic interchange facilities between said E-\-profisway, tlie intersecting streets and the demised premises shftll bo- provided at the two points designated as "Traffic Interchange No. 1 " and "Traffic Interchange No. 2 " on snid Supplemental Map II-A. The Port Authority shall hove tho riy:ht to maintain in av^d under said Expressway utility facilities theretofore installed by the Port Authority, and all work of proiccting in place and relocating such utility facilities by reason of the Expressway construction shall be done witJiout cost or expense to the Port Authority."

7. SERVICE ROAD—LA. GUARDIA AmroRT Paragraph 34 of the Original Agreement is hereby rescinded. 8. LEASE OP ADDITIOKAL DstnsEP PRE^OSES—LA GUARDIA AIRPORT—BOAT BAsiy The City hereby demises and leases to the Port Authority and the Port Authority does hereby hire and take from the City, for air tenninal purposes and for purposes incidental thereto, the additional lands shown colored in green and by hatching on the map of La Guardia Airport annexed hereto marked "Supplemental Map I " (said additional lands being hereinafter called "the Boat Basin"), to have .and to hold unto the Port Authority from the date of this Second Supplemental Agreement until the expiration or sooner termination of the Original Agreement, subject to all the terms, covenants and conditions set forth in said Original Agreement and subject also to the following terms and conditions: (a) Upon the commencement of the letting hereunder the Port Authority shall proceed promptly to landscape the area along Grand Central Parkway between the Parkway pavement and the southerly boundary line of the Boat Basin with screen planting satisfactory to the Department of Parks of the City, and the Port Authority shall assume the cost of such initial landscaping up to but not exceeding $33,000.00. Thoreafter, auch landscaping shall- be maintained by the Department of Parks of the City. (b) The Port Authority shall not place fill in or upon the Boat Basin or erect bulkheads thereon or therein except in accordance with plans approved by the DepaTtraent of Parks of the City prior to the commencement of the work. If any such filling operation is undertaken by the Port Authority, Uie entire channel iTctwoen the Boat Basin and Flushing Bay and all of the Boat Basin (including the portion of the Boat Basin not included in this letting) shall be filled. If any such filling operation is undertaken by the Port Authority, the Port Authority shall also constnict a sewer in the aforesaid channel at its own cost and expense and in accordance with plans and specifications approved by tbe President of the Borough of Queens, the Chiof Engineer of the Board of Estimate and tlie Park Department of tho City. Unless and until th§ Port Authority constructs a sewer in the channel as provided hereinabove, the ^ b r t Authority shall keep the drainage channel open ;o winy the run-off from Jacl^son Creek into Flushing Bay. 9. NEW CITY SE^vEn CoysTBvcnoK The parties recognize that during the term for which the demised premises are leased the City may find it necessary, not only to maintain exiisting ^ewcrfi Ots authorized by paragraph 13 of the Original Agreement, but also to construct and maintain

j'^

new sewers .ivithin the demised premises to serve areas or property without the demised premieea. The Port Authority has no objection to tbe constmetion and maintenance of such new sewers by the City provided they will not in any way interfere with or aifeet the safe and efficient operation or future development of the demised promisea by the Port Authority. Accordingly, it is agrcred that in the event the City dotermines that it is nooessary to eonstmet any new sewer within the demised, prereises, the Oity may do so, and shall have tbe right to maintain the same, subject to the provisions of paragraph 13 of the Original Agreement and also subject to the prior approval of the Fort Authority as to the proposed location, provided that the work shall be done without eost or expense to the Port Anthority in acoordance with plane and specifications approved by the Chief Engineer of the Port Authority. AU sueh work shall be done so aa to aarare the safe and effideat operation of the airport and, to that end only, the Port Authority shall supervise the work.
IK Wmrsss WBEBEOP, the City has caused its eorporate seal to be heretmto affixed and duly attested asd tbis Agreement to be signed by its Mayor; and the Port Authority has caused ita corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by Its Sxeeutive Direotor, tbe day and year first above written.

Attest:

THE OUT OP NEW YORK

(ufiQ
City Clerk Attest: Secretary Approved as to form Corporation Couufiet (SttfL) Mayor
THE POBT OP NBW YORK

AvTHoatrr

Executive Director Approved as to form General Counsel ^

rf

Ex.1

STATE OF NEW YORK, ) . COUNTY OF NEW YoSc. {"- =
b e i n ^ ^ . Z i ^ ^ ^ ^ i ^ t ^ n * A » M ^ ,494^beCore me came AUBTIK J. TOBIK, to me toown, who, ^ ^ L % ^ ' u^^ JT*™' *^ *te»^ ««* »y that he resides at " r, that h^ ««Sffrf J S H l L ^ i ' ' ^ ^ ^ " ^'^.**' Niw YoK AtTTaoMTY, tbe corpontton described ta, and which wSSit fa!«!?^'J?*"T^[' *^* ^ •«*«»• the Mil oi ttid eotportticmrthat the tea) affixed to Mid inS S ^ « i l 2 u i J * ? ! ? ? J ? i ' ^,.*^ ~ . •« •®««<1 by order of the CommiBsioners o( said corporation; and «»i ne signed his name thereto Ijy Vke order. ^t/^*^

loim]. coiLva

state of New Yoric City of New York Cotinty of New York

) : ss: )

on this 7th day of November* 1932# before me personally came HURRAY W, STANDi with whom X am personally acquainted, and known to me to be the city Clerk of The City of New York, who beinc; by me duly sworn, did depose and say that he resides at that he is the City Clerk of The city of New YOTK, the corporation described In and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that It was so affixed as provided by law, and that he signed his name thereto as City Clerk by like authority, and further I that he knows and is acquainted tflth VINCENT R. XKPELLITTERI, and knows him. to be the person described in and whOj as Mayor of The City of New York, executed the said instrument; that he saw him subscriber execute and deliver the same, and that he acknowledged to him, the said KUFIRAY W. STAND, that he executed and delivered the same, and he* the said MURRAY W. STAND thereupon subscribed his name thereto* Meyer Sllfkin MEYER SLIPKIN Notary Public, State of New York No, 2U.9042UOO Qualified in Kings Cotanty Certificates filed with New York & Bronx county Clerks Kings, N.Y.* Bronx and Queens Register Term expires March 30, 195**

7^

SECURITY DRAWINGS - Ex. {4}

SUBSTITUTED SCHEDULE A ITEM 1 All that certain piece or parcel of land and premises, situate, lying and being in tho Borough and Ootinty of Qvoenft, in tho City nnd State of New York, between 123rd Street and College Point Causeway, between 28th Avenue and 30th Avenue, more particularly bounded and described as follows: Beginning at a point which is the intersection of the southwesterly line of College Point Causeway (100.00 feet width) with the westerly line of 124th Street (60.00 feet width) as said Causeway and Street are shown on the **Map showing Street system for the territory designated as Section 54 of the Final Maps of the Borough of Queens'* which map was adopted by the Board of Estimate and Apportionment of the City of New York on September 27,1918 and running thence (1) Southwardly, along said westerly line of 124th Street and along a line which makes an interior angle of 139<'-ir-36.0^ with course ntmibered Ave (5) hereinafter described in tbis description, 78.81 feet; thence (2) Westwardly, at right angles to the preceding course, 189.73 feet to the easterly line of ISSrd Street (60.00 feet width) as shows on said adopted map; thence (3) Northwardly, along said easterly line of 123rd Street, at right angles to the preceding course, 132.46 feet; thence (4) Eastwardly, at right angles to the preceding course, 143.41 feet to said southwesterly line of College Point Causeway; thence (5) Southeastwardly, along said southwesterly Use of College Point Causeway and along a line which makes an interior angle of 130'*-46'-24.0^ with the preceding course, 70.88 feet to the point and place of beginning, containing 23,889 square feet. ITEM 2 All those four (4) pieees or parcels of land and premises situate, tying and being in the Borough and Coimty of Bronx, in the City and State of New York on KikerB Island, more particularly boimded and described as follows: Parcel X Beginning at a point, the coordinates of which are South 23241.84, Best 21440.64 and running thence (1) North 5C*>-55'-S5" East, 250.0 feet to a point, the coordinates of which are South 23105.41, East 21650.14; thence (2) Southeastwardly, at right angles to the preceding course, 250.0. feet to a point, the coordinates of which are South 23314.90, East 21786.56; thence (3) Southwestwardly, at right angles to the preceding course, 250.0 feet to a point, the coordinates of which arc South 23451.33, East 21577.07; thence (4) Northwestwardly, at right angles to the preceding course, 250.0 feet to the point and place of beginning. The area whereof is 62,500 square feet or 1.4348 Acres.

•fji"

Parcel 2 Beginning at a point, the coordinates of which are South 23594.70, East 21758.09 and running thence (1) North Se^-SS'-SS*^ East, 200.0 feet to a point the coordinates of which are South 23485.56, East 21925.69; thenee (2) Sontheastwardly, at right nngles to tbe preceding course, 800.0 feet to B point, the eoordinatea of which are South 2865315, East 22084.881 thenoe (8) Sonthwestwardty, at right angles to the preceding course, 200.0 feet to a point the coordinates of which are South 23762.30, East 21867.24; thenoe (4) Northwestwardly, st right angles to the preceding course, 200.0 feet to tbe point and place of beginning. The area whereof is 40,000 square feet or 0.9183 Acres. Parcel 3 Beginning at a pomt, the coordinates of which are South 23189.48, East 21925.10 and mnning thence (1) North Se^^SS'-^' East, 200.0 feet to a point, the coordinates of which are Sonth 23080.33, East 22092.70; thenoe (2) Southeastwardly, at right angles to the preceding course, 200.0 feet to a point, the coordinates of which are South 23247.93, East 22201.84; thenoe (3) Southwestwardly, at right angles to the preceding eonree, 200.0 feet to a point, ihe coordinates of which are Sonth 23357.07, East 22034i!5; thence (4) Northwestwardly, at rig^t angles to the preceding course, 200,0 feet to ihe point and place of beginning. The area whereof is 40,000 square feet or 0.9183 Acres. Parcel 4 Beginning at a point, the coordinates of which are South 23766.11, East 22408.3f) and running thence (1) North 56**-55'-35" East, 250.0 feet to a point, the coordinates of which are South 23629.68, East 22617.89; thence (2) Southeastwardly, at right angles to the preceding course, 250.0 feet to a point, the coordinates of wbich are South 23839.18, East 22754.32; thence (3) Southwestwardly, at right anglee to tho preceding course, 250.0 feet to a point, the coordinates of which are South 23975.61, East 22544.82; thence (4) Northwestwardly, at right angles to the preceding course. 250.0 feet to the point and place of beghuiing. The area whereof is 62,500 square feet or 1.4348 Acres. The coordinates and bearings mentioned in the four (4) parcels hereinnbovc described in this item refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north being 28'>-59'-13.d" east of troe north. Together with the overhead, anrface, sub-surface and sub-marine easements necessary for the operation, maintenance, repair and reconstraction of the power

f^

and telephone lines and ducts required for the proper operation of the facilities lying within the above described parcels and all accessories tnereto. Together with the right of access thereto. ITEM 3 All that certain piece or parcel of land and premises, situate, lying and being in tiio Borough and County of Bronx, in the City and State of New York, between Havemeyer and Zerega Avenues and between Kendall and Seward Avenues, more particularly bounded and described OR follows: Beginning at a point which is the intersection of the easterly line of Havemeyer Avenue (legally opened 80 feet in width) with the northerly line of Randall Avenue (legally opened 80 feet in width) and running thence (1) Northwardly, along said easterly line of Havemeyer Avenue, 700.00 feet to the southerly line of Seward Avenue (80 feet in width as laid out on the Oity Phm and not legally opened); thenoe (2) Eastwardly, along said southerly line of said Seward Avenue, 780.06 feet to the westerly line of Zerega Avenue (legally opened to 80 feet in width); thenoe (3) Southwardly, along said westerly line of Zerega Avenue aforesaid, 700.00 feet to said northerly line of Randall Avenue; thence (4) Westwardly, along said northerly line of Randall Avenue, 780.08 feet to the point and place of beginning. The area whereof is 546,056 square feet or 12.54 Acres. ITEM 4 All that certain piece or parcel of land and premises situate, lying and being in the Borough and County of Queens, in the City end State of New York, on Rulers Bar Hassock, more particularly bounded and described as follows: Beginning at a point in the westerly line of Cross Bay Boulevard, as laid down on Alteration Map 2746 of the Borough of Queens, adopted by the Board of Estimate and Apportionment of the City of New York on April 11, 194(», 114.00 feet in width at this location, the coordinates of said point being South 67347.661, East 63349.321, and running thence (1) Southeastwardly, along said wcHtcrly line of Cross Bay Boulevard, 27O0.D0 feet to a point therein, the coordinates of which are South 69374.488, East 65133.129; thence (2) Southwestwardly, at right angles to the preceding course, 300.00 feet to a point tho coordinates of which are South 69572.689, East 64907.926; thence (3) Northwestwardly, at right angles to the preceding course, 2700.00 feet to a point the coordinates of which are South 67545.862, East 63124.118; thence (4) Northeastwardly, at right angles to the preceding course and at right angles to course numbered one (1) hereinabove described in this description, 300.00 feet to the point and piece of bcginninfr. The area whereof is 810,000 square feet or 18.595 acres. 9

V

The coordinates hereinabove mentioned in the description in this item refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north being 28*'-59'-13.5'' east of true north. ITEM B All that certain pie<ie or parcel of land and premises, situate, lying and being in the Borough and County of Queens, in the 0 1 ^ and State of New York, between 55th Avenue and 55th Drive produced eastwardly and between 46th Street and 50th Street. Beginning at a point which is the comer formed by the intersection of the southerly line of &5th Avenue (widened to 70 feet width) with the easterly line of 48th Street (60 feet width) and mnning thence (1) North 76*'-49'-45" East, along said southerly line of 55th Avenue aforesaid, 379.66 feet to the comer formed Vy the intersection of aaid southerly Une of 55th Avenue aforesaid with the westerly line of 60th Street (70 feet width); thenee (2) Southeastwardly, along said westerly line of 50th Street aforesaid and along a Use which makes an hterior angle of 99^-2S'-15.8" with the preceding course, 415.98 feet to the prolongation westwardly of the northerly line of 55th Drive (60 feet width); thenee (3) Southwestwardly, along said northerly line of 55th Drive aforesaid and abng a line which makes an interior angle of 80''-43'-.20.7'' with the preceding course, 447.51 feet to said easterly line of 48th Street; thence (4) Northwestwardly, along said easterly Une of 48tb Street aforesaid and along a line which makes an interior angle of 89°-53'-23.5" with the preceding course, at right angles to said southerly tine of 55th Avenue aforesaid, 411.27 feet to the point and place of be^nning, contMning 169,931 square feet or 3.90 acres. The bearing hereinabove mentioned in the description of this item refers to grid north established by the Topographical Bureau of Uie Borough of Queens, City of New York, grid north being 28*'-59'-13.6" east of true north. The streets and avenues referred to hereinabove in this description are laid down on Alteration Map 3405 in a Communication to the Board of Estimate and Apportionment on February 2, 1950 and referred to the Planning Commission of the C^ty of }9ew York on FelHTiary 9, 2960. ITEM 6 All that certain piece OT parcel of land and premises situate, lying and being in the Borough and County of (^eens, in the City and State of New York, on Bulers Bar Hassock in Jamaica Bay, more particularly bounded and described as follows: Beginning at a point in the southwesterly line of Cross Bay Boulevard (114.00 feet width), the coordinates of said point being South 70230.16, East 65048.36 and run10

fr

ning thence (1)' Southeastwardly, along said southwesterly Une of Cross Bay Boulevard and along the arc of a circle of 4557.00 feet radius, the center of said arc lying to the northeast, said arc being subtended hy a central angle of 4^-09'-22.8", the tangent to said arc making an interior angle of 87*-52'-.36.6" with course numbered four (4) hereinafter described in this description at its intersection with said course numbered four (4), an arc distance of 330.57 feet to a point on an arc in said southwesterly line of Cross Bay Boulevard, the coordinates of said point being South 70435.28, East 66207.50; thence (2) Southwestwardly, along a line which makes an interior angle of 87°-43'-24.6'' with the tangent to the preceding arc at its intersection therewith, 300.00 feet to a point the coordinates of which are South 70660.86, East 66020.49; thence (3) Northwestwardly, along a line which makes an interior angle of 90''-ll'-55.2" with the preceding course, 329.23 feet to a point the coordinates of which are South 70465.53, East 65762.35; thenee (4) Northeastwardly, along a line which makes an interior angle ot 90''-02'-40.8" with the preceding course, 300.00 feet to the point and place of beginning. The area whereof is 08,299 square feet or 2.257 Acres. The coordinates and bearings hereinabove mentioned in the description in this item refer to the rectangular system of coordinates established by the Topc^aphical Bureau of the Borough of Queens, Oity of New York, grid north being 28'-55'.13.5" east of true north. Together with the overhead, surface and sub-surface easements necessary for the operation; maintenance, repair and reconstruction of the power and telephone lines and ducts required for the proper operation of the facilities lying within tlie above described parcel and all accessories thereto. Said Cross Bay Boulevard being laid down on Alteration Map 2746, adopted by the Board of Estimate and Apportionment of the City of New York on April 11,1940. ITEM 7 Parcels for Piers; A permit for the construction, reconstruction, maintenance, repair nnd operation of a pier for approach lighting to Runway "C*' at New York International Airport in Jamaica Bay, in the Borough and County of Queens, in the City and State of New York in that area more particularly bounded and described as follows: pier for Approach Lighting to liunway " C " at New York Intnmaiionnl Airport Beginning at a point in the proposed IT. S. Pierhead and Bulkhead Line, distant 74.83 feet northwestwardly from the center line of Runway " C " at Now York International Airport as aforesaid, measured at right angles thereto, the coordinates of said point being South 61273.932, East 71521.607, and running thence (1) South 11 .

'11

.3l'=-39'-00" West parallel with said center Une of said Runway " C " difltanl 74,fi.1 feet northwestwardly therefrom as aforesaid, parallel with the center line of the Pier for Approach Lighting to said Runway " C " , distant 50.00 feet southeastwardly therefrom measured at right angles thereto, 1908.81 feet to a point the coordinates of which are South 62898.844, East 70519.999; thenoe (2) North 58''-21'-00" West, at right angles to the preceding course, 100.00 feet to a point tho coordinates of which are South 62846.371, East 70434.872, said point being distant 50.00 feet northwestwardly from said center line of said Pier aforesaid, measured at right angles thereto; thence (3) North 31''-39'-00" East, parallel with said center line of said Pier and distant 50.00 feet northwestwardly therefrom as aforesaid, at right angles to the preceding course, 1852.51 feet to a point in said U. S. Pierhead and Bulkhead Line, the coordinates of said point being South 61269.388, East 71406.936; thenoe (4) South 87''-43'-49.2" East, along said XT. S. Pierhead and Bulkhead, Line aforesaid, 114.76 feet to the point and place of beginning. The artm whereof \H 183,066 square feet or 4.203 Acres. A permit for the construction, reconstruction, maintenance, repair and operation of piers for approach lighting to Runway " V " and Middle Marker at New York International Airport in Jamaica Bay, in the Borouj^ and County of Queens, in the City aud State of New York in all those areas more partieuUrly bounded and described as follows: Piers for Approach Lighting to Runway " 7 " at New York International Airport Beginning at a point in tbe proposed U. B. Pierhead and Bulkhead Line, the coordinates of said point being Soutii 61413.92, East 75053.66 and running thence (1) South e7''-43'-49J2" East along said Pierhead and Bulkhead Line, 320.00 feet to a point therein the coordinates of which are South 61426.59, East 75373.41; thence (2) South 0"*-51'-00" East, 1679.51 feet to a point the coordinates of which are'South 63105.92, East 75398.33; thence (3) Norih 89°.15'-26.6" West, 440.53 feet to a point the coordinates of which are South 6310051. East 74957.83; thence (4) North 4o.09'-00'' East, 1082.78 feet to a point the coordinates of which are South 62020.28, East 75036.19; thence (5) North l''-B9'-0(y' East, 606.60 feet to the point and place of beginning. The area whereof is 625,675 square feet or 14.36 Acres. Middle Marker Parcel Beginning at a point in Jamaica Bay the coordinates of which are South 63885.25, East 75113^6 and running thence (1) South 88--21'-00" Bast, 100.00 feet to a pomt the coordinates of which are South 63888.13, East 75218.12; thence (2) South l<'-39'-00" West, 100.00 feet to a point the coordinates of which are South 63988.09, East 75210.24; thenee (3) North 88*'-21'-00" West, 100.00 feet to a point the coordinates of 12

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which arc South 639&^2l, East 7.'jll0,28; thence (4) Korth l°-39'.00" East, 100.00 feet to tbe point and place of beginning. The area whereof is 10,000 nquare feet or 0.23 Acres. Together with the necessary rights for a sub-marine cable extending from the Parcel entitled "Pier for Approach Lighting to Runway ' V at New York International Airport" to the Parcel entitled "Middle Marker Parcel". The coordinates and bearings hereinabove mentioned in the description in this it^ni refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north being 28''-59'-13.5" caat of true north. ITEM 8 All that certain plot, piece or parcel of land, situate, lying and being in the Fifth "Ward of the Borough and CJounty of Queens, City and State of New York, bounded and described as follows: Beginning at ihe northeasterly comer of Barhadoes Basin, as same is determined by the United States Pierhead-and Bulkhead lines, running thcnco along the northerly Une of Barhadoes Basin, as so determined, North 57 degrees, 21 minutes West 1039.70 feet, thence continuing along same, North 46 degrees, 27 minutes West 416 feet to the bulkhead of Brant C'hnnnel or Jamaica Bay, tlience along said last mentioned bulkhead tlie following courses and; distances, (1) North 8 degrees, 47 miuQtes East 21 feet, (2) North 35 degrees, 30 minuted East 880 feet, (3) North 77 ^<ttircQ8 7 minutes East 44..'t0 feet, (4) South 50 degrees, 54 minutes East 808.70 feet, (•'>) Soulh 21 degrees, 6 minutes East 255.90 feet, (6) RouUi 3 degrees, 6 minutes Weal 228.60 feet, (7) Sonth 70 degroos, 14 minutes West 168 feet to the comer of a Iwsin, running thence southwesterly tbrough a point on tbe northeasterly side of Amstcl Boulevard (60 feet wide) which point is distant 30.08 feet snutheastcrly from Ihc comer formed by the intersection of the southeasterly side of Crugers Road with the northeasterly side of Amstcl Boulevard, to »i point in the centre Unn o; said Amstel Boulevard, thence Kouthcasterly along said centre Une of snid Amstcl Boulevard to a point where same is intersected by a line dr.iwn northerly at risfbi angles "> the southerly side of Amstel Boulevard (80 feet wide) from a point thorcon distant 161.86 feet westerly from the westerly side of Beach 75th Street; thenw southerly lit right ungles to the southerly KJdc of Amstel Boulevard (80 feet wide) 40 feet more or loss to a point therenn distant 161.86 feet westerly from the westerly side of Beach 7oth Street and running thence southerly 158.85 feet to the point or place of beginning. Together with all right, title and interest of tho City of New York of, in and to the land lying in the bed of streets in front of and adjoining the abovc-desrribcd 13

m

premises to the center lines thereof. Together with all of the right, title and interest of the City of New York of, in and to the lands under the waters of Brant Channel and Jamaica Bay, in front of and adjacent to the above described premises; so far as said right, title and interest may extend. Together with the overhead, surface and suh-surl'ace easements necessary for the operation, maintenance, repair and reconstruction of tho power and telephone lines, ducts and other utilities required for the proper operation of the facilities lying within the above described parcel and all accessories thereto. ITEM 9 All those perpetual overhead, surface and sub-surface easements necessary for the proper operation, maintenance and repair of Lights to Guide Aircraft approaching LaGuardia Field, situate, lying and being in the Borough and County of Queens, in the City and State of New York, within the following described parcels: Parcel 1 (Poles 1,12, J, K, 13, L, M, 14, N, 0,15, P, Q, B, S and T with sub-surface cables in bed of 25th Avenue) Beginning at a point in the easterly lino of 77th Street, distant 168.55 feet northwardly thereon from the comer formed by the intersection of said easterly Une of 77th Street with the northerly line of 30th. Avenue and running thence (1) Northwardly, along said easterly Une of 77th Street, and along a line which makes an interior angle of 4O''-00'-0O" with course numbered eight (8) heremafter described in this description, 7.78 feet; thence (2) Northeastwardly, along a line which makes an interior angle of 140'*-00'-00" with the preceding course, 1005.70 feet to the southwesterly line of lot numbered 22 in block numbered 1043; thence (3) Southeastwardly, along said southwesterly line of said lot numbered 22 aforesaid, and along a line which makes an interior angle of 62<'-50'-2G.5'' with the preceding course, 5.62 fcot to a point distant 184.41 feet northwestwardly measured olong said lot Une from its intersection with the westerly Une of 80th Street, aaid intersection being distant 101.52 feet northwardly along said westerly line of 80th Street from the comer formed by tho intersection of said westerly line of 80th Street with northerly line of 25th Avenue; thenee (4) Southwestwardly, parallel with course numbered two (2) hereinabove described in this description and along a Une which makes an interior angle of ll7°-09'-33.5'' with the preceding course, 419.60 feet to o point distont 20.00 feet northwardly from tlie southerly line of 25th Avenue, measured at right nnglos thereto; thence (5) Eaetwardly, paraUel with said southerly Une of 25th Avenue, and along a line which makes an interior angle of 310*>*09'-00" with the preceding course, 341.20 feet to a point in the prolongation of said westerly line of 80th Street; thence (6) Southwardly, along said prolongation of said wpMterly line of f^Oih .Street
14

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at right angles to the preceding course, 5.00 feet; thence (7) Westwardly, parallel to said southerly Une of 25th Avenue, distant 15.00 feet northwardly therefrom, measured at right angles thereto, at right angles to the preceding course, 345.40 feet; thence (8) Southwestwardly, paraUel vdth course numbered two (2) hereinabove described in thiti description and along a lino which makes an interior angle oi 230*-00'*00^ with the preceding course, 682.60 feet to the point and place of beginning, containing 6,750 square feet more or less or 0.1550 acres. Together with the right of access to aU poles, power lines, lights, ducts and any accessory equipment thereto lying within the above described parcel. The streets and avenues referred to hereinabo\'e in this description are laid down on the maps showing street system for the territory designated as Sections 8 and 9 of the Final Maps of the Borough of Queens, which maps were adopted by the Board of Estimate and Apportionment of the City of New York on December 12, 1912 nnd Febmary 8,1912, respectively. Porcci.8(PoleH) Beginning at a point in the westerly Une of 80th Street, distant 275.5 feet southwardly thereon from the corner formed by the intersection of said westerly line of 80th Street with the southerly Une ot 24th Avenue and running thence (1) Southwardly, along said westerly line of 80th Street, 5.0 feet; thence (2) Westwardly, parallel with said southerly Une of 24th Avenue, 37.5 feet; thence (3) Northwardly, parallel with said westerly line of 80th Street, 5.0 feet; thence (4) Eastwardly, parallel with said soutlierly Une of 24th Avenue, 37.5 feet to the point and place of beginning, containing 188 square feet more or less or 0.0043 Acres. Parcel 3 (Pole 10) Beginning at a point in the easterly Une of 80th Street, distant 94.5 feet southwardly thereon from the comer formed by the intersection of said easterly Une of 80th Street with the southerly line of 24th Avenue and running thence (1) Eastwardly, paraUel with said southerly line of 24th Avenue, 50.0 feet; thence (2) Southwardly, parallel with said easterly line of 80th Street, 5.0 feet; thence (3) Westwardly, parallel with said southerly line of 24th Avenue, 50.0 feet to s^id easterly line of 80th Street; thence (4) Northwardly, along said easterly Hue of 80th Street, 0.0 feet to the point and place of beginning, containing 250 square feet more or le.sf; or 0.0057 Acres, ParceU (Pole E) Beginning at a point in the southerly line oi 24th Avenue, distant 94.0 feet eastwardly thereon from the comer formed by the mtersection of said southerly line of 24th Avenue with the easterly line of 80th Street and running thenoe (1) Eastwardly, 15

along said aoulbcrly line of 24tb Avenue, 6.0 feet; thence (2) Southwardly, parallel with sold cnstoriy line of 80th Street, 68.0 feet; thence (3) Westwardly, parallel with said southerly line of 24th Avenue, 5.0 feet; thence (4) Northwardly, parallel with said easterly line of 80th Avenue, 58.0 feet to the point and place of beginning, containing 200 square feet more or less or 0.0067 Acres. Together with the right of access to all poles, power lines, lights, ducts and any sccessory equipment thereto lying within the above described parcels. The street and avenue referred to in the descriptions of Parcels 2, 3 and 4 hereinabove are laid down on tbe "Map showing Street system for the territory designated as Section 8 of the Final Maps of the Borough of Queens," which map was adopted by the Board of Estimate and Apportionment of the City of New York on December 12,1912. Parcels (Pole C] Beginning at a point in the westerly Une of 82d Street, distant lO'j.o feet northwardly thereon from the comer formed by the intersection of said westerly line of 82d Street with the northerly line of Astoria Boulevard (130 feet width) and running thence (1) Westwardly, at right angles to said westerly line of 82d Street, 95.0 feet; thence (2) northwardly, at right angles to the preceding courne 5.0 feet; thence (3) Eastwardly, at right angles to said westerly line of 82d Street, 95.0 feet to said westerly Une of 62d Street; thence (4) Southwardly, along said westerly Une of 82d Street, 5.0 feet to the point and place of beginning, containing 475 square feet more or loss or U.UIOO Acres. Parcels (Pole 6) Beginning at a point iu the easterly Une of 82d Street, distant 80.0 feet Southwardly thereon from the comer formed by the intersection of said easterly Hue of 82d Street with the southerly Une of Grand Central Parkway and running tlicnco (1) Eastwardly, at right angles to said easterly Une of 82d Street, 65.0 feet; theuctt (2) Southwardly, at right angles to tbe preceding coarse, 5.0 feet; thence (3) W^estwardly, at right angles to said easterly Une of 82d Street, 65.0 feet to said easterly Une of 82d Street; thenee (4) Northwardly, along said easterly line of 82d Street. 5.0 feet to the point and place of beginning, containing 325 sqiinre feet more m IVHA, or 0.0075 Acres. Parcclr{Po\eA) Begimiing at u iK>int in tho southerly Une of Grand Central Parkway, distant 96.28 feet westwardly thereon from the comer formed by the intersection of said southerly line of Grand Central Parkway with the westerly line of 8.3d Street and Ifi

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running thence (1) Southwardly, parallel with said westerly line of 8.3d Street, 08.48 fcot; thence (2) Westwardly, at right angles to Ihe preceding course, 5.0 fcct; thence (3) Northwardly, parallel to said westerly line of 83d Street, 57.42 fcut to Hoid southerly line of Grand Central Parkway; thence (4) Eastwardly, along rf«id Routhcrly Une of Grand Centrnl Parkway, 5.11 foot to tho point and place of Iwginning, cnntuining 200 square foct uioro or ICHS or 0.(X)67 Acres. Together with the right of access to all poles, power Vines, lights, ducts and any accessory equipment thereto lying within the above described parcels. Tho streets, boulevard and parkway referred to in the rinscriptions of Parcels i'l, 6 and 7 hereinabove are laid down on the "Map showing street system for the Icrritory designated as Section 8 of the Final Maps of the Borough of Queens," which map was adopted by the Board of Estimate and Apportionment of the City of New York on December 12,1912.

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THE CITY OF NEW YOKE and THE POET OF NEW YORK AUTHORITY

THIRD SUPPLEMENTAL AGREEMENT With R^p^et to MUNICIPAL AIR TERMINALS

Dated May 28, 1956

iq

^ " ^ X S ^ V X S X l t (hereinafter referred to as "Third Supplemental Agreement") made aH of this 28t)i day of Moy, 1956, by and between THE Cnv o? NEW Youx, a munidpal corporation of the State of New York, with its principal office at the City Hall, in the Borough of Manhattan, City of New York (hereinafter referred to as the "City") and THE POBT or NEW YORE AuTHORmr, a body corporate and poUtic created by Compact between the States of New York and New Jersey with the consent of Congress, with its office at 111 Eighth Avenue, Borough of Manhattan, City of New York (hereinafter referred to as the "Port Authority"), WimEssETB, That: WzXERBAR, under date of AprU 17,1947, the City and the Port Authority entered into an Agreement with respect to Municipal Air Terminals- (hereinafter referred to &6 the "Original Agreement"), the execution of which by the City was authorised by resolution duly adopted hy its Board of Estimate on April 17,1947 (Cal No. 5), und the execution of which by the Port Authority was authorized by resolution duly adopted by its Board of Commissioners on April 17,1947, and WEEREAfi, under date of May 26, 1949, the City and the Port Authority entered into on agreement (hereinafter referred to as the "First Supplemental Agreement") iuodifyi)ig und supplementing said Original Agreement, tho execution of said First fSupplemenlal Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on May 26, 1949 {CBL NO. 137) and the execution thereof by the Port Authority having been authorised by resolution duly adopted by its Board of Commissioners on May 12, 1949, and WuKREx*. undor dato of Novembor ", 1952. tuo City and tho Port Authority en'M'.ed into on agreement (hereinafter referred to as the "Second Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Second Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on October 23, 1952 (Cal. No. 27) and the execution thereof hy the Port Authority having been authorised by resolution duly adopted by its Board of Commissioners on August 14, 1952, and
WHEREAS, it is neoessary and desirable that certain of the terms, oonditions and provisions ot said Original Agreement should be farther modified, amended and supplemented,

Now, THBREFORE, for and in mnsiO'^ration of the ngreementP and covenants herein contained the City and the Port Authority hereby mutuaUy undertake, promise and agree, each for itself and its successors and assigns that said Original Agreement shall be and it is hereby supplemented and amended as follows: L Dzrxznrzovs Except as hereinafter expressly provided any words or phrases used in this Third Supplemental Agreement and specifically defined in the Original Agreement shall be read and construed in accordance with the definition in the Original Agreement. n.
DISCHARGE OF OBUOATIOK ^£w

or

CITT TO

AcautBE

PARCEL

& —

YORK IKTV.RNATIOI!AI. AIRPORT

The City is hereby wholly roUeved and discharged of its obUgation under the Original Agreement, as modified by the Second Supplemental Agreement, to acquire by condemnation the parcel designated as " 6 " and shown colored in yeUow and hy hatching on Supplemental Map II-A annexed to the Second Supplemental Agreement There shall be no reduction in rent or in the Port Authority's obUgation under paragraph 19 of the Original Agreement by reason of this diRcharge and release of tho above described obligation of tho City. III.
NASSAU EXPRESSWAY—NEW YORS

IirrE&yATio^AU Ant,>oT:T

Section 2 of the Original Agreement as amended and supplemented by tno Second Supplemental Agreement is hereby amended by substituting the foUowing in the place and stead of the last paragraph thereof: "If within ten (10) years from the date of the Second Supplemental Agrppmcut the construction of Nassau Expressway bus been authorized »nd actually started the Port Authority hereby consents to the reduction of tbe demised premises to the extent of the strip shown colored in orange and by hatching on Supplententa] Map II-A annexed to the said Second Supplemental Agreement, providet^, that said strip shall be held by the City for and during the term for which the demised premises are leaseid, for street, park or expressway purposes and for no other purpose or purposes whatsoever, and provided, further, that access between tho Expressway and the demised premises shall be provided at the two points desmiated as 'Access No. 1* and 'Access No. 2' on said Supplemental Map No. I^A and that traffic interchange facilities between said Expressway, the intersecting streets and the demised premises fthall bo provided at the two points designated as 'Traffic Interchange No. 1* and 'Traftlc Intorchansre No. 2*

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on said Suppiemcntai Map II-A. The Port Authority shaU iiavc the right at its own cost and expense to instoll and maintain in and under the Expressway such utility facilities as it shaU deem necessary in connection with its use of the demised premises whether the same shall be instaUed before, during or after the construction of the Expressway, provided, that they shall be located therein and thereunder at ulaooa agreed upon between tho City and tho Port Authority and shall be installed pursuant to plans and spocifications which shall be subject to approval by the Chief Engineer of the Board of Estimate (which approval shall not be unreasonably withheld), provided, further, that the Port Authority shaU proceed with the work of installing such utility facilities in such manner as to minimize, as much as it reasonably can, interference with vehicular traffic upon said Expressway and shall, without cost or expense to the City, and with reasonable promptness after the completion of the work of installing such utility facilities, restore to as good a condition as existed immediately prior to the commencement of the work, so much of the improved surface of the Expressway as may be damaged b^ such work. All work of protecting in place and relocating such utility focihties by reason of the Expressway construction shaU be done without cost or expense to the Port Authority." TV. SuBsrrnrrED SCHEDULE A The schedule marked "Substituted Schedule A " annexed to the Second Supplemental Agreement is hereby amended and supplemented by adding as Item 10 thereof the "Supplement to Substituted Schedule A " annexed hereto. Whenever in the Original Agreement reference is made to Schedule A, such reference shall bo construed to refer to said Substituted Schedule A as amended and supplemented hereby. v.. SunitKiTDER or PoRTiOK O DEMISED pREMiBas—NEW YORK IKTEBHATIOKAL AmpoRX— P AoDrnoNAii LAKUS The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises described in the "Supplement to Substituted Schedule A " attached hereto, and aU the estate, right, title, interest, term of years, property, claim and demand whatsoever of the Port Authority of, in, to and out of the same, to the intent and purpose that the said term in said portion of the premises herein surrendered may be wholly merged, extingtiished, determined and excluded from the original lease agreement, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, upon the conditions foUowing, to wit: during the term for which the demised premises are leased,

1. the Port Authority snd thft Civil Aeronautir-R Adminintralion shall have the- right, without cost or expense to the City, to instaU, maintain, operate, relocate or replace in, under and upon the premises herein surrendered, including any city streets which may he within the boundaries thereof, such approach lighting systems and other olds to avigation and facilities incidental thoreto as shall be necessary or desirable in the opinion of the Port Authority for the safe and efficient operation of New York International Airport, at locations therein which the Port Authority shall deem appropriate therefor, and the Port Aathority and the Civil Aeronautics Administration, its and their' duly designated employees, contractors and agents shaU have the right at all times to enter upon the said premises to inspect the condition thereof and to enter thereon with men, equipment, tmcks and vehicles in order to effect the installation, repair, replacement, expansion and relocation of such approach lighting systems, other aids to avigation, and facilities incidental thereto; any faciUties so instaUed by the Port Authority shall at all times be maintained by it without cost to the (Sty; 2. the City shaU not develop or use the premises herein surrendered nor exercise any right with respect thereto so as to interfere with, impair or obstruct the safe and efficient operation and development of New York International Airport or the normal ^ght operations of aircraft; the City shaU, at the request of the Port Authority, abate any smoke or vapor; the City shall not erect or install any structure, building, tower, polo, wire or other object or installation or portion thereof, the construction, maintenance or operation of which would constitute a hazard to avigation withoui the prior approval of the Port Authority; the City shaU not, except with the express written consent of the Port Authority, furnish any services or operate any facility upon the said premises for the accommodation and convenience of its inviteeis and employoes or those of its contractors, agents, licensees, and permittees which would be or tend to bo competitive with tho furnishing of services pr tiie operntion of faciUties at New York International Airport by the Port Authority or its tenants, Ucensees, permittees or agents for the accommodation and convenience of its and their invitees and employees, provided, however, that the City may, without the express written consent -of tbe Fort Authority but subject to tiie other oonditions of this surrender, provide, operate, maintain or permit the operation and maintenance of: (a) recreational facilities suitable for use for picnicking, boating, baseball, softball, court gomes, tennis and playground activities;

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(b) facilities for the parking of motor vehicles of persons using the aforesaid recreational facilities; and (c) such restaurant and/or "snack bar" facUities as are usually provided for the accommodation and convenience of persons using such recreational faciUties as are above described; and the City shall take aU reasonably practicable precautions to prevent its agents, employees, Ucensees, contractors and invitees from intruding upon, interfering with or damaging any property upon the said premises installed, opornlod and niaiutaiupd by or on behalf of the Port Anthority or the Civil A^»\^^\a\;'.u^•i .\»u«U\iNU-nv*u\u; 3. the Port Authority may permit the occupants of the various buildings within the premises herein surrendered to remain in occupancy thereof and the Port Authority shaU have the right to continue to coUect and retain for its own account the payments for use and occupancy or the rents therefor until snch time as the Port Authority shall terminate said occupancies and demolish or remove said buildings,from said premises, provided, that, upon ninety (90) days' written notice from the City, the Port Authority shall take aU reasonably practicable steps to terminate any occupancy and demoUsh or remove any building which may be specified in any sueh notice, provided, further, however, that, inasmuch as the building situated within Lot 64 of Block 13435 of Section 36. of the Tax Map of The City of New York for the Borough of Queens, as said Tax Map w-as on May 25, 1953, is being used in connection with operations at New York International Airport, no such notice sAioU be given by the City with respect to the termination of said occupancy or the demoUtion or removal of said building during the six month perio<l bRginning on the date of execution of this Third Supplemental Agreement The Port Authority shaU have the right to collect and retain for its own account the proceeds of the sale of such buildings and the fixtures therein contained; and 4. the City shall not place fiU in or upon the promises surrendered in accordance with Section V of thip Third Supplemental Agreement or place any structures thereon except in accordance with plans approved by the Chief Engineer of the Port Authority, provided, that such approval shall not be withheld unreasonably.

V I . SUBREWDEB OT STHtpLUS PARCEL—ITE>I 5—SunSTTTUTED SCHEPULE A

The Port Authority hereby gives up, grants, yields and surrenders unto tho City and the City hereby accepts the surrender of the portion of the demised premises described as Item 5 in the Substituted Schedule A attached to the Second Supplemental Agreement, and oU the estate, right, titie, interest, term of years, property, claims and demands whatsoever of the Port Authority of, in, to and out of the same, to the intent and ' rpose that the said term in said portion of the premises herein surrendered m m whoUy merged,.extinguished, determined and excluded from the original Ua&c agreement, to ^ave and to hold said premises herein surrendered unto the City, its successors and assigns forever.
\ ^ I . BENT

There shall be no reduction in rent or the Port Authority's ohligatioris under the agreement with respect to Municipal Airports as amended and supplemented by reason of the release or surrender of any of the premises herein provided for.
IK WITNESS WE&BEOF, the City has caused its corporate seal to be hereunto affixed and duly attested iand this Agreement to be signed by its Mayor; and the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Executive Director^ the day and year first above written.

Attest:
THOMAS A. LEVAKE

THE CITY OF NEW YOBK

(Sgd.)

Acting City Clerk
(SEAL)

KoiiKiiT F. WAOKEH Mayor

(Sgd.)

Attest: JoBEpn G. CABTY Secretary
(SEAL)

THE PORT

(Sgd.)

or NEW YORK AUTHORrrr AuRTiK J. Toary (Sgd.) FiXccutivc Director

Approved as to Form
PETER CAMPBELL BROWN

Approved as to Form (Sgd.)
SroNBT OOLDSTBin (Sgd.)

Corporation Counsel SWA H E O'D

General Counsel

R CS

'^>

Ex.1

STATE or NEW YORK CoUKTT 07 NEW YORK Cirr or NEW YORE

as.

On this Slst day of May, 1966, boforo me personaUy came THOMAS A. LEVAVE, with whom I am personaUy acquainted, and JEUown to me to be the Acting City Clerk of THE CITT OP NEW YORK, who, being by me duly sworn, did depose and say that he resides at that ho is the Acting City Clerk of THE CITT or NEW YORK, the corporation described in and which executed the foregoing instrument; that he knew the ecal of eaid corporation; that the seal affixed to said instrument is such corporate seal; that it was 80 affixed by order of the Board of Estimate, and that he signed his name thereto as Acting City Clerk by like authority; and further that he knows and is acquainted ^vith BoBEBT F. WAORER, and knows him to be the person described in and who as Mayor of THE CITT or NEW YOBK executed the eaid instrument; that he saw him subscribe and execute the same, and that he acknowlediged to him, the said THOMAS A. LEVANE, that he executed the same, and he, the said THOMAS A. LEVAKE thereupon subscribed his name thereto.
JOSEPH

A. FAKELLI (Sgd.) Notary PubUc

CemalMiontr of needs, Cit7 of New Terlc Nfw York Conntr Cl«rk'i Ne, 19 Connisaion Ezpim MAteb 15, 1057.

JOSEPH A. T A K E L U

(SEAL)

Ex.1
STATE OP NEW YORK ) CouioT or NEW YORK y ^ '

On this 11th day of May, 1956, before me personally came and appeared AU6T:X J. TosxK, to me known, who being by mo duly sworn, did depose and say that ho resides at ; that he is the Executive Director of THE PORT or Nrw YORK AUTHORITY, a body corporate and politic created by compact between the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing instrument; that he knows the seal of TBE POBT or-NEW YORK AUTHORITY aforesaid; that the seal affixed to said instrument is sue:, seal; that it was so affixed by order of the Commissioners of THE PORT or NEW YORK AUTHOBITY; and that he signed his name thereto by like order.
SHZCKRET AKTOK

(Sgd.)

N0U17 pDbUe, Bute of Hew York No. S0-0081SS5 QusHflcd is NMSSO Gonty Coinmbaion Expira Mftreh M, 1997

BRICKBET A K T O N

(SEAL)

//

SUPPLEMENT TO StrBSTITUTED SCHEDULE A
ITEM 10

AU those lota, pieces or parcels of land, with the buildings and improvements thereon, situate in the Borough and County of Queens, City and State of New York, bounded and described as follows:
PARCEL A BRQIKNIKO at a point which is the intersection of the northerly Une of Bockaway Boulevard as now legally opened with the southerly extension of the center Une of Walbridge Street (now sometimes known os Springfield Boulevard) as shown on the "Map of the Higbie Addition, Sheffield Manor, 4th Ward, Borough of Queens" surveyed July 1906 by Alex D. Murphy and amended for the Titie Guarantee & Trust Company by E. W. Conklin, surveyed December 1 : ^ and filed as Map #135 in the Register's Office, County of Queens and running thence

(1) northwardly, along said center Une of Walbridge Street as.c:;tQndod and along said center line of Walbridge Street 1580 feet more or less to an extension of the southerly line of Lot 25 in Block 17 as shown on said Map of the Higbie Addition; tiience (2) 132 feet Wagner Map of eastwardly, along said southerly Une of Lot 25 and tiie extension thereof more or less to the westerly Une of lands now or formerly of George being also the easterly line of Lot 26 in Block 17 nn shown nn said the Higbie Addition; thence

(3) southwardly, along said westerly Une of lande now or foi-merly of George Wagner 10 feet more or less to a point in the southerly Une of said lands now or formerly of George Wagner; thence (4) eastwardly, along said southerly line of lands now or formerly of George^ Wagner being also the northerly Une of lands now or formerly of J. & S. Joanetti and along the extension thereof 260 feet more or less to the center line of Springfield Lane (60 foot width) as shown on the "Map of llinsey Park, Property of Land Estates Incorp. situated at Springfield in tiie Fourth Ward, Borough of Queens, City and State of New York" Bur\*oyed April 27, 1922, by Haymond Page, City Surveyor, and filed as Map #4286 iu the Register's Office, Cqunty of Queens; thence 9

(5) along said center line of Springfield Lane (60 foot widtb) 6 feet more or less to an extension of the southerly line of lands now or formerly of Herbert H. Reynolds, being also an extension of the southerly Une of Lot 29 in Block 1 as shown on said Map of Einsey Park; thence (6) eastwardly, along the southerly Une of lands now or formerly of Herbert H. Reynolds, Joseph Hallahan and Mary Baszano and -.he extension thereof being also the southerly line of Lots 29 and SO in Block 1, Lota 15 and 42 in Block 2 and the extension thereof as shown on said Map of Kinsey Park 518 feet more or less to the easterly Une of 207th Street as shown on said Map of Kinsey Park; thence (7) southwardly, along said easterly line of 207th Street 22 feet more or less to the southerly line of lands now or formerly of Lottie Johannsen being also the southerly Une of XiOt 31 in Block 3 as shown on said Map of Honsey Park; thence . (8) eastwardly, along said,southerly line of lands now or formerly of Lottie Johannsen being alsb the southerly line of Lots 81 and 43 In Block 8 as shown on said Map of Kinsey Park and along the extension thereof 220 feet more or less to the center Une of 208th Street (80 foot width) as shown on said Map of Kinsey Park (sometimes known as 22dth Street); thence (9) southwardly, along said center Une of 208th Street 78 feet more or less to an extension of the southerly line of lands now or formerly of Theodore Wagenblast being also an extension of the southerly line of Lot 17 in Block 5 as shown on said Map of Kinsey Park; thenee (10) eastwardly, along said eontherly line extension 130 feet more or less to the westerly Chiarina Regolini being also the westerly line Block 5 as shown on said Map of Kinsey Park; of Theodore Wagenblast nnd its Une of lands now or formerly of of Lots 25, 26, 27, 28 and 29 in thence

(11) southwardly, along said westerly Une of lands now or formerly of Chiarina Regolini a distance of 120 feet more or less to the southerly line of lands now or formerly of Chiarina Regolini being also the southerly line of Lot 25 in Block 5 as shown on said Map of Kinsey Park; thence (12) eastwardly, along said southerly line of lands now or formerly of Chiarina Regolini, Salvatore and Anthony Simonetti and the White Co. being also the southerly line of Lot 25 in Block 6, Lots 21, 22 and 23 in Block 7 and Lots 18,19 and 20 in Block 9 aU as shown on said Map of Kinsey Park a distance 10

?

of 660 feet more or l^ss to the center line of 211th Street (60 foot width) as shown on said Map of Kinsey Park; thence (13) southwardly, along an extension of said center line of 211th Street as shown on snid Map of Kinsey Park 2040 feet more or less to the northerly Une of Rookaway Boulevard as now legally opened; thenee (14) westwardly, along said northerly line of Rockaway Boulevard 1820 feet more or less to the point and place of BEOINKIKG.
PASOEL B BEOCKKIKQ at a point which is the intersection of the extension of the center line of 215th Street (60 foot width) as shown on the "Map of Jamaica Gardens South, 4th Ward, Borough of Queens, New York City" surveyed Feb. 1, 1924 by Evans Bros., and filed as Map #4507 in the Register's Office, Queens County, with the extension of the center Une of 149th Avenue (80 foot width) as shown on said Map of Jamaica Gardens South, and running thence

(1) southwardly, along said center Une of 215th Street and the extension thereof, 1832 feut more or less to the northerly line of Rockaway Boulevard as now legally opened; thence (2) eastwardly, along said northerly line of Rockaway Boulevard, 1851 feet more or less to the center Une of 238th Street (60 foot width) as shown on a map entitled "City of N. Y., Borough of Queens, Office of the President, Topographical Buroan, Map No. 3091, The Relocation of Rockaway Boulevard, in the Fourth Ward, New York, Aug. 5, 1946," etc., filed iu the Register's Office, Queens County as Map #8131; thenoe (3) northwardly, along said center line of 238th Street and along the extension thereof, paraUel with course numbered one (1) hereinabove described 1370 feet; thence (4) dastwardly, at right angles to the preceding course, 265 feet; thence (5) northwardly, at right angles to the preceding course, 410 feet more or less to a point in the westerly line of BrookviUe Boule%'ard as now legaUy opened, formerly known ob Foster's Meadow Road; thenee (6) northwardly, along said westerly line of BrookviUe Boulevard, 775 feet more or less to tbe center line of John Street (40 foot width) as shown on a 11

t

map entitied " E . E. Meachom & Sons, South Rosedale, Fourth Ward, Borough of Queens, Surveyed and Subdivided by H. S. Thomson, City Surveyor," dated Feb. let, 1907, and filed in the Register's Office, Queens County as Map #989 (ohl) and 1183 (new); Uienee (7) westwardly, along said center lino of John Street and along a Une in extension thereof, 595 feet more or less to the intersection with a line in extension of the center Une of 149th Avenue as shown on said Map of Jamaica Oardons Sou'th; thence (8) westwardly, along said extension of the center line of 149th Avenue and along said center line of 149th Avenue, 1073 feet more or less to the point and place of BEOXKRIKO.
PAaOEL C

ALX^ that certain plot, piece or parcel ot lend situate, lying and being at or near Springfield, b the 4th Ward, Borough of (^eens, County of Queens, City and State of New York, bounded and described as foUows:
BEOIKKXKO at a stoke driven in the ground where the northeasterly side of Rockaway Boulevard (fonnerly Turnpike) intersects the center Une of an old ditch which said center line of said ditdb is the southeasterly Une of land now or formerly of John L. Compton; thence from said point of beginning running thence North 20 degrees 20 minutes East along the center line of said ditch 373.76 feet to a stake driven in the ground at a point where said center line of said ditch intersects the center line of another certain old ditch; thence North 62 degrees 56 minutes 20 seconds East along the center line of said last mentioned ditch through a stake, a line of old posts and old stake and another stake, along the southerly Une of land now or formerly of KomviUe, Isaac Baylis & Nicholas Clement, respectively, 1355 feet more or less to a'small brook adjoining the southwesterly line of land nov or formerly of Nicholas Ludlum; thence Easterly, Southeasterly, Easterly and So'uheasterly, along the center Une of said small brook adjoining the land now or .' * • merly of said Ludlum as it winds and turns, 275 feet more or less to a point \/i>. ( the same is intersected hy the center line of another certain old ditch adjoining i.n land now or toTmerlj ot Burdett C. Douglas; thenoe South 67 degrees 25 min^. > < . n seconds West through an old stake and center line of a ditch adjoining the noi-;j orly line of land now or formerly of said Douglas 1456 feet more or less to a pc.^ii where said center line of said lost mentioned ditch intersects the center line of s certain slough or creek adjoining the westerly line of land of said Douglas; thence Southerly, Southeasterly and Southwesterly along the oenter lino of the last mei>

12

l^l'

tioned creek and along the westerly line of now or formerly Douglas, land no\v or formerly of Wright B. Higbie and land formerly of Derrick Bemsen, 255 feet more or less to a point where the same is intersected by the northwesterly boundary line of land now or formerly of Frank Muller; thence South 17 dcgrece 29 minutes West through a stake in said line of land of Mullor 243 feet more or less to A stake in tho ground on the northeasterly side of Rockaway Boulevard; and thence North 45 degrees 55 minutes West along the said northeasterly side of Rockaway Boulevard 250.8 feet to the point or place of BEOIKKIKQ.
SUBJECT,

however, to the following:

1. Outstanding titi% in any of the parcels herein in the People of the State of New York and Uens and encumbrances ;n favor of the People of the Stotc of New York which reduce the estate or interest of any of the former owners. 2. Encroachments, if any, upon the promises herein described of any structures end appurtenances standing or maintained partly upon the premises herein described and partly upon adjoining premises. 3. Any state of facts which an accurate survey may show.

13

11 ^

THE CITY OP NEW YORK AND THE PORT OP NEW YORK AUTHORITY

FOURTH SUPPLEMENTAL AGHEEKEMT WITH RESPECT TO MUNICIPAL AIR TERMINAXiS

Dated November 6« 1938

m

AGREEMENT (hereinafter referred to aa "Fourth Supplemental Agreement") made as of this ^ 'day of K- ,\v . / > . r . u r r r ' ".. , 1958,

by and between THE CITY OF NEW YORK, a municipal corporation of the State of New Yorkj with Its principal office at the City Hall, In the Borough of Manhattan, City of New York (hereinafter referred to as the "city") and THE PORT OP NEW YORK AUTHORITY, a body corporate and politic created by Compact between the States of New York and New Jersey with the consent of Congress, with Its office at 111 Eighth Avenue, Borough of Manhattan-, City of New York (hereinafter referred to as the "Port Authority"), WITNESSETH, That: WHEREAS, under date of April 1?, 194?, the City and the Port Authority entered Into an Agreement with respect to Municipal Air Terminals (hereinafter r e f e r r e d to as the "Original Agreement"), the execution of which by the City was authorized by resolution duly adopted by Its Board of Estimate on April IT, 19^7 (Cal. No. 5 ) , and the execution of which by the Port Authority was authorized hy resolution duly adopted by Its Board of Commissioners on April 17> 1947, and WHEREAS, under date of May 26, 19^9, the City and the Port Authority entered Into an agreement (hereinafter referred to as the "First Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said First Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on May 26, 1949 (cal. No. 137) and the execution thereof by the Port Authority having been authorize by resolution duly adopted by its Board of Commiseloners on May 12, 1949, and
/

WKKr\£AS, under date of November 7, 1952, the City and Ihe Port; Authority entered into an agreement (hereinafter referred to aa the "Second Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Second Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on October 23, 1952 (Cal. No. 27) and the execution thereof by the Port Authority having been authorized by resolution duly adopted by its Board of ComniBaioners on August 14, 1952. and WHEREAS, under date of May 28, 1956, the City and tl^ Port Authority entered into an agreement (hereinafter referred to as the "Third Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Third Supplemental Agreement by the City having been authorized by resolution duly adoptef. by its Board of Estimate on April 26, 1956 (Cal. No. Ill) and the execution thereof by the Port Authority having been authorized by resolution duly adopted by its Board of Commissioners on May 10, 1956, and WHEREAS, it Is neoessary and desirable that certain of the terms, conditions and provisions of said Original Agreement should be further modified, amended and supplemented, NOW, THEREFORE, for and In consideration of the agreements and covenants herein contained, the City and the Port Authority hereby mutually undertake, promise and agree, each for itself and Its successors and assigns that said Original Agreement shall be and it is hereby supplemented and amended as followa: - 2 n ?

I.

DEFINITIONS Except as hereinafter expressly provided any words or

phrases used in this Fourth Supplemental Agreement and specifically defined in the Original Agreement shall be read and construed in accordance with the definition In the Original Agreement.

II.

SUBSTITXTTED SCHEDULE A
The echedxile marked "Substituted Schedule A" annexed to

the Second Supplemental Agreement and amended and supplemented by the Third Supplemental Agreement is hereby further amended and supplemented by adding as Items 11, 12 and 13 thereof, the "Supplement to Substituted Schedule A" annexed hereto. Whenever In the

Original Agreement reference is made to Schedule A, such reference shall be construed to refer to said Substituted Schedule A as substituted by the Second Supplemental Agreement, amended and supplemented by the Third Supplemental Agreement and as amended and supplemented hereby. III. SURRENDER OF PORTION OF DEMISED PREMISES - LA GUARDIA AIRPORT -

APPITIONAL U m &

The Port Authority hereby gives uip, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises described in Item 13 of the "Supplement to Substituted Schedule A" attached hereto, and all the estate, right, title, interest, term of years, property, claim and demand whatsoever of the Port Authority of, in, to and out of the same, to the Intent and purpose that the said term in said portion of the prenvises herein surrendered may be wholly merged, extinguished, determined and excluded from the original lease agreement, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, upon the conditions following, to wit during the term for which the demised premises are leased,

- 3-

1.

the Port Authority and the Civil Aeronautics Adminis-

T, .'rlon shall have the right, without cost or expense to the City, to install, maintain, operate, relocate or replace in, under and upon the premises herein surrendered, Including any city streets which may be within the boundaries thereof, such approach lighting systems and other aids to avigation and facilities incidental thereto as ::.hall be necessary or desirable in the opinion of the Port Authority or of the Civil Aeronautics Administration for the safe and efficient operation of La Guardia Airport, at locations therein which the Port Authority shall deem appropriate therefor, and the Port Authority and the Civil Aeronautics Administration, its and their duly designated employees, contractors and agente shall have the right at all times to enter upon the said premises to inspect the condition thereof and to enter thereon with men, equipment, trucks and vehicles in order to effect the Installation, repair, replacement, expansion and relocation of such approach lighting systems, other aids to avigation, and facilities incidental thereto; 2. the City shall use the premises herein surrendered for

park purposes and for no other purpose whatseover; the City shall not develop or use the premises herein surrendered nor exercise any right with respect thereto so as to interfere with, impair or obstruct the safe and efficient operation and development of La Guardia Airport or the safe and unrestricted passage of aircraft in and over the same; the City shall abate any smoke or vapor, at the request of the Port Authority; the City shall not erect, install or maintain any structure, building, tower, pole, wire or other object the construction, maintenance or operation of which would constitute a hazard to avigation in the 6pinlon of the Port Authority;

- 4 -

JX<

3*

the City shall take all reasonably practicable precau-

tions to prevent Its agents, employees, licensees, contractors and invitees from Inxruding upon, interfering with or aamaglng any property upon the said premises Installed, operated or maintained by or on behalf of the Port Authority or the Clyll Aeronautics Administration; and 4. the City shall not place fill In or upon the premises

surrendered by Section III of this Fourth Supplemental Agreement or place any structures or buildings thereon except in accordance with plans approved by the Chief Engineer of the Port Authority, provided that such approval shall not be withheld unreasonably. IV. SUP^RENDER OF SURPLUS PARCEL - ITEM 9 - SUBSTITUTED SCHEDULE A The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises described as Item 9 in the Substituted Schedule A attached to the Second Supplemental Agreement and all the estate, right, title, interest, term of years, property, claims and demands whatsoever of the Port Authority of. in, to and out of the same, to the intent and purpose that the said term in said portion of the premises herein etirrendered may be wholly merged, extinguished, determined and excluded from the original lea agreement, to have and to hold said premises herein surrendered unt the City, its successors and assigns forever.

- 5 -

7

V. I£ASS OF ADDITIONAL DEMISED PREMISES - NEW YORK INTERNATIONAL

AiRpoftv- uhib^ UNiian wAfEff

:

• '

The City hereby demises and leases to the Port Authority and the Port Authority does hereby hire and take from the City, for air terminal purposes and for purposes incidental thereto, so much of the additional lands shown by hatching on the map of New York International Airport annexed hereto narked "Sv^plemental Map H-B" as are owned by the City, to have and to hold unto the Port Authority from the date of this Fourth Supplemental Agreement until the expiration or sooner termination of the Original Agreement, subject to all of the terms, covenants and conditions set forth in the said Original Agreement. In the event that it should be necessary for an application to be made to the State of New York to remove any cloud upon the title of the City with respect to said premises, the City shall cooperate with the Port Authority with respect to any and all applications, measures or other action appropriate for the effectuation of said purpose. VI, RENT There shall be no reduction in rent or the Port Authority's obligations under the agreement with respect to the Municipal Air Terminals as amended and supplemented by reason of t h release or ;e surrender of any of the premises herein provided for. IN WITNESS WHEREOF, the City has caused its corporate seal to be hereunto affixed and diay attested and this Agreement to be signed by its Mayor; and the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this

)3i
- 6 -

Agreement to be signed by its Executive Director, the day and year first above written. Attest: THE CITY op N W YORK E
I

/ /City Clerk
/

\

1^11:^0. f . '' ' '

Mayor

/. r'U=^^.-

TKE PORT OF NEW YORK AUTHORITY Attest:

f, (^ken f'
/Secretary Approved as to Form

^

•-> f

/ C / y* ^*'

Executive Director Approved as to Form
,^ -

Corporation counsel

.fhi-a'i^

General Counsel

'3/

-7 -

Ex.1

STATE OF NEW YORK COUNTY OP NEW YORK

i

)

^^

On this ( r ^ day of U ^ c ' J - H i ^ ' y ^ 1956, before me personally came and appeared AUSTIN J. TOBIN, to me known, who beinff bv THA duly swom^ did deoose and say that he resides at that he is the Executive director of TKE PORT OF NEW YORK AUTHORITY, a body corporate and politic created by compact between the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing Instrument; that he knows the seal of THE PORT OP NEW YORK AUTHORITY aforesaid; that the seal affixed to said Instrument is such seal; that it was so affixed by order of the Commissioners of THE PORT OF NEW YORK AUTHORITY and that he signed his name thereto by like order. , / ^ - ,_ -r- "7 ^ ,
*

. 8-

13-

Ex.1 STATE OP NEW YORK COUNTY OF NEW YORK CITY OF NEW YORK ) ss:

)^T^{

On the f^'-'^^ day of ///rriC.f, I958', before me personally came HERMAN KAT2, with whom I am personally acquainted, and known to me to be the City Clerk oC THE CITY OF NEW YORK, who, being by me duly sworn did deoose and say that he r^ealdes at ; that he is the City clerk of THE CITY OF NEW YORK, the corporation described In and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Estimate, . —and that he signed his name thereto as City Clerk by like au-.-wi..'/:-re^^; thorityj and further that he knows and is acquainted with R^ER3i ff*,T,HAQN£R and knows him to be the person described in and who .^aSi.Mayor of THE CITY OF NEW YORK executed the said instrument; that he $aw him subscribe and execute the same, and that he acknowledged to him, the said HERMAN KATZ, that he executed the same, and he, the said HERMAN KATZ thereupon subscribed his name hereto.

• H CL^-n^i r^-cvc L^'<^ " ^

,jj

. 9 -

SUPPLEMENT TO SUBSTITUTED SCHEDULE A ITEM 11 PIER FOR APPROACH LIGHTING TO RUNWAY "V PRIME" AT NEW YORK INTERNATIONAL AIRPORT A permit for the construction, reconstruction, maintenance, repair and operation of a pier for approach lighting to Runway "V Prime" at New York International Airport in Jamaica Bay, in the Borough and County of Queens, in the City and State of New York, in that area more particularly bounded and described as follows: BEGINNING St a point in the prolongation southwardly of the center line of proposed Runway V of New York International Airport

distant South 10-391 west'500.00 feet thereon from the southerly end of said runway, the coordinates of ssid point being South 61,423.13, East 78,235.35 and running thence (1) South 88O-2I' East, 50.pO

feet to a point, the coordinates of said point being South 61,424.57, East 78,285.33; thence (2) South l°-39' West, parallel with ssid

center line of runway, prolonged, distant 50.00 feet southeastwardly therefrom, measured at right angles thereto, 2510.00 feet xo a point, the coordinates of said point being South 63,933.53i East 78,213,05; thence (3) North 88^-21' West, 100.00 feet to a point, the coordithence

nates of said point being South 63,930.65, East 78,113.09;

(4) North l^-39» East, parallel with said center line of runway prolonged, distant 50,00 feet northwestwardly therefrom, measured at right angles thereto, 2510.00 feet to a point, the coordinates of said point being South 61,421.69, Eaat 78,185.37; thence (5) South 88°-21' East, 50.00. feet to the point and plaoe of beginning, the area whereof is 5.76 acres more or less.

ir

Bearings of lines and coordinates as herein described refer to the rectangular system in use in the Borough of Queens which refers to the former Southeasterly corner of 10th Avenue and West 225th Street in the Borough of Manhattan as origin and the former easterly line of 10th Avenue as meridian or principal axis, the latter being inclined 28°-59'-13.5"l eastward or clockwise from the axis of the Brooklyn system^ which is the meridian through United States Coast & Geodetic Statloii "Prospect Water Tower".

ITEI-1 12 MIDDLE MARKER PARCEL - RUNWAY "V PRIME" NEW YORK INTERNATIONAL AIRPORT BEOINNINO at a-point in the prolongation southwardly of., the center line of proposed.Runway V* of New York International Airport, distant South l°-39' West 3^75.00 feet thereon from the southerly end of said runway, the coordinates of said point being South 64,396.89, East 78,149.69 and running thence East 78,199.67; Thence (1) South 88*^-21' East, 50.00 feet to a point, the,coordinates of said point being South 64,398.33i (2) South-1^-39*'West, parallel with said center line of runway prolonged, distant 50.00 feet southeastwardly therefrom, measured at right angles thereto, 100.00 feet to a point, the coordinates of said point being South 64,>98.29, East 78,196.79; thence (3) North 88^-21» West, 100.00 feet to a point, the coordinates of ssid point being South 64,495.41, East 78,096.83; thenoe (4) North l°-39' East, parallel with said cenxer line of runway prolonged, distant 50.00 feet northwestwardly therefrom, measured at right angles thereto, 100,00 feet to a point, the coordinates of ssid point being South 64,395.45, East 78,099.71; thence the area whereof is 0.23 acres more or less. - 2 (5) ^^c South 88*^-21' East, 50.00 feet to the point and place of beginning,

Together with the necessary rights for a submarine cable extending from the parcel entitled "Pier for Approach Lighting to i Runway 'V Prime' at New York International Airport" to the parcel entitled "Middle Marker Parcel - Runway 'V prime' - New York International Airport", Bearings of lines and eoordlnstes as herein described refer to the rectangular system in use in the Borough of Queens which refers to the former Southeasterly c o m e r of 10th Avenue and West 225th Street in the Borough of Manhattan as origin and the former easterly line of 10th Avenue as meridian or principal axis, the latter being inclined 28®-59»-13.5"^ eastward or clockwise from the axis of the Brooklyn system, which is the meridian through United States Coast & Geodetic Station "Prospect Water Tower".

ZTEM 13 ALL those lots, pieces or parcels of lana, wii.h the bulldlnirr; and improvements, If any, thereon, situate in the Borough and county of Queens, City and State of New York, bounded and described as follows: PARCEL 1 BEGINNING at a point which is the intersection of the easterly line of 78th Street (60.00 feet wide) with the southerly line of 25th Avenue (70.00 feet wide) snd running thence (1) Eastwardly, along

said southerly line of 25th Avenue,' 200.00 feet to the westerly line of 79th Street (60.00 feet wide); thence (2) Southwardly, along

said westerly line ot 79th Street, at right angles to the preceding course, 192,82 feet to a point distant 100.00 feet southeastwardly from the center line prolonged of Runway 4-22 of La Guardia. Airport, measured at right angles thereto; thence (3) Southwestwsrdly,

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parallel with said center line of runway, distant 100.00 feet southeastwardly 'therefrom, measured at right angles thereto snd along a line which makes an interior angle of 139O-59'-20" with the preceding course, 155,54 feet to the westerly line of lands acquired by The Port of New York Authority in a Condemnation Proceeding vesting title on June 6, 1956 and a point in the center line of the block; thence

(4) Northwardly,-slong aaid westerly line of lands condemned as aforesaid, along said center line of block and along a line which makes an interior angle of 40O-00»-40" with the preceding course, 170.59 feet to the southerly line of lands conveyed by Arde Bulova to The Port of New York Authority by Deed dated May 18, 1956 and Recorded on May 21, 1956 in the Register's Office of Queens County in Liber 6876 of Deeds at page 531 therein; thence (5) Westwardly, along aaid southerly

line of lands conveyed by Arde Bulova as aforesaid and along a line which makes an interior angle of 282^-44'-40" with the preceding course, 51,28 feet; thence (6) Westwardly, continuing along said southerly

line of lands conveyed by Arde Bulova and along a line which makes an Interior angle of l83°-19'-20" with the preceding course, 52.02 feet to said easterly line of 78th Street; thence (7) Northwardly, along said easterly line of 78th Street and along a line which makes an Interior angle of 73°-56'-00" with the preceding courae, at right angles to said southerly line of 25th Avenue, l67,08 feet to the point and plaoe of BEGINNING. Being the premises known as Lot 1 and part of Lot 14 in 31ock 1055, Section 7 of the Tax Map of the City for the Borough 3f Queens.

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PARCEL 2 BEGINNING at a point which Is the Intersection o r the easterly line of 79th Street (60,00 feet wide) with the southerly line of 25th Avenue (70.00 feet wide) and running thence (1) Eastwardly, along

said southerly line of 25th Avenue, at right angles to said easterly line of 79th Street, 101.86 feet to a point distant 100.00 feet southeastwardly from the center line prolonged of Runway 4-22 of La Guardia Airport, measured at right angles thereto; thence (2) Southwest-

wardly, parallel with said center line of runway, distant 100,00 feet southeastwardly therefrom, measured at right angles thereto, along the easterly line of lands acquired by The Port of New York Authority in a Condemnation Proceeding vesting title on June 6, I956 and along a line which makes an interior angle of 49C-59'-20" with the preceding course, I58.43 feet to ssid easterly line of 79th Street; thence

(3) Northwardly, along said easterly line of 79th Street and along a line which makes an interior angle of 40^-00'-40" with the preceding course, 121.34 feet to the point and place of BEGINNING. Being the premises known aa part of Lot 1 and part of Lot 11, in Block 1056, Section 7 of the Tax Map of the City for the Borough of Queens.

PARCEL 3 BEGINNING at a point which i s the i n t e r s e c t i o n of the n o r t h e r l y l i n e of 25th Avenue (70.00 feet wide) with the e a s t e r l y l i n e of 79th S t r e e t (60,00 feet wide) and running thence (1) Northwardly, along

said e a s t e r l y l i n e of 79th S t r e e t , a t r i g h t angles to said northerly l i n e of 25th Avenue, 450.00 feet to the northerly l i n e of lands conveyed by Arde Bulova to The Port of New York Authority by Deed dated

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July 2, 1956 and recorded on July 9, 1956 In the Register's Office of Queens County in Liber 689I of Deeds at page 645 therein; v2) thence

Eastwardly, at right angles to the preceding course and along

.laid northerly line of lands conveyed by Arde Bulova as aforesaid, 53.75 feet to the easterly line of lands conveyed by Arde Bulova as aforesaid; thence (3) Southwardly, along said easterly line of

..ands conveyed by Arde Bulova as aforesaid and along a line which "^kes an interior angle of 1120-46'-03" with the preceding course, *C8.49 feet to the northerly line.of lands conveyed by Clara Maurer ro The Port of New York Authority by Deed dated June 12, 1956 and r'ecorded on June 12, 1956 in the Register's Office of Queens Counxy :r. Liber 6883 of Deeds at page 632 therein; thence (4) Eastwardly,

-.long said northerly line of lands conveyed by Clara Maurer as afore. . l and along a line which makes an interior angle of 2470-131-57" ^od '.:ith the preceding course, 104.29 feet to the westerly line of 80th itreet (60.00 feet wide); thence (5) Southwardly, along said

..•esterly line of 80th Street, at right angles to the-preceding course, ^50.00 feet to the corner formed by the intersection of said westerly line of 80th Street with said northerly line of 25th Avenue; (6) thence

Westwardly, along said northerly line of 25th Avenue, st right

angles to the preceding course, 200.00 feet to the point and place of BEGINi^^INO.

Being the premises known as Lots I 8 , 20, 22, 24 and part of 32, in Block 1043, Section 7 of the Tax Map of the City for the Borough of Queens.

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PARCEL 4 BEGINNING at a point in the easterly line of 80th Street (60,00 feet wide) distant 125,00 feet northwardly thereon from the c o m e r formed by the intersection of said easterly line of Both Street with the northerly line of 25th Avenue (70.00 feet wide) said point lying in the southerly line of lands conveyed by John & Christine Harvan to The Port of New York Authority by Deed dated June 14, 1956 and Recorded in the Register's Office of-Queens county on June 15, 1956 in Liber 6884 of Deeds at page 528 therein and running thence (1) Northwardly, along said easterly line of SOth Street,

375.00 feet to the northerly line of lands conveyed by Wilhelmina Kobryn to The Port of New York Authority by Deed dated July 10, 1956 and Recorded in the Register's Office of" Queens County on July 12, 1956 In Liber 6892 of Deeds at page 627 therein; thence (2) Eastwardly, along

said northerly line of lands conveyed by Wilhelmina Kobryn as aforesaid, 100.00 feet to the westerly line of lands a0quired by The Port of New York Authority in Condemnation Proceeding in which title vested on June 6, 1956; thenee (3) Northwardly, along said westerly line

of lands acquired as aforesaid, 100,00 feet to the southerly line of 24th Avenue (70.00 feet wide); thenoe (4) Eastwardly, along said

southerly line of 24th Avenue, 100.00 feet to the c o m e r formed by the intersection of said southerly line of 24th Avenue with the westerly line of 8lst Street (60.00 feet wide); thence (5) South-

wardly, along said westerly line of 8lst Street, 325.00 feet to the southerly line of lands conveyed by Ellen Shelby to The Port of New York Authority by Deed dated June 27* 1956 and Recorded in the Register's Office of Queens County on June 28, 1956 in Liber 6888

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of Deeds at page 231 therein; thence (6) Westwardly, along said southerly line of lands conveyed by Ellen Shelby aforeaaid, 100.00 feet to the center line of the block and a point in the easterly line of lands conveyed by Joseph Soirma to The Port of New York Authority by Deed dated February 8, 1956 and Recorded in the Register's Office on February 9# 1956 in Liber 6849 of Deeds at page 454 therein; thence (7) Southwardly, along said center line of block and along said easterly line of lands conveyed by Joseph Somma as aforesaid, along the easterly line of lands conveyed by George & Rose Strnad by Deed dated July 23, 1956 and Recorded on July 30, 195^ in the Register's Office of Queens County by Torrens Certificate numbered I89, along the easterly line of lands acquired by The Port of New York Authority in Condemnation Proceedings in which title vested on June 6, 1956, along the easterly line of lands conveyed by John & Christine Harvan as aforesaid, 150,00 feet to said southerly line of lands conveyed by John & Christine Harvan; thence (8). Westwardly, along said southerly line of lands conveyed by John & Christine Harvan as aforesaid, 100.00 feet to the point and place of BEGINNING. Being the premises known as Lots 6, 9, 11, 14, 16, 20, 43, 45, 46, 48, 49, 50, 51, 52, 53, 54, 56, 57 and 59 in Block 1044, Section 7 of the Tax Map of the City for the Borough of Queens.

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PARCEL 5 BEGINNING at a point which is the Intersection of the southerly line of 24th Avenue (70.00 feet wide) with the easterly line of Slat Street (60.00 feet wide) and running thence (1) Eastwardly, along said southerly line of 24th Avenue, 125.00 feet to the easterly line of lands acquired by'The Port of New York Authority in a Condemnation Proceeding in which title vested on June 6, 1956; thence .(2) Southwardly, along said easterly line of lands scquired as aforesaid, 100.00 feet to a southerly line of lands acquired as aforesaid; thence (3) Westwsrdly, along said southerly line of lands acqxiired as aforesaid, 25.00 feet to the center line of the block and another easterly line of lands acquired by condemnation aa aforesaid; thence (4) South-

wardly, along said lands acquired by condemnation and along the easterly line of lands conveyed by Andrew Haurylak by Deed dated September 28, 1956 and Recorded in the Register's Office of Queens County on September 28, 1956 in Liber 6916 at page 83 therein, 75.00 feet to the southerly line of lands conveyed by Andrew Haurylak aforesaid; thence (5) Westwardly, along said southerly line of lands conveyed by Andrew Haurylak, -100.00 feet to said
*

easterly line of 81st Street; thence (6) Northwardly, along said eaaterly line of 8lst Street, 175.00 feet to the point ar.d place of BEGINNING. Being the premises known as Lots 1, 2, 3* 4, 57, 58 and 59, in Block 1045, Section 7 of the Tax Map of the City for the Borough of Queens,

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PARCEL 6 BEGINNING at a point which is the intersection of the westerly line of 82nd Street (60.00 feet wide) with the northerly line of Astoria Boulevard (130,00 feet wide) and running thence (1) west-

wardly, along said northerly line of Astoria Boulevard, 133.44 feet to the westerly line of lands conveyed by Stephen, Electra, George and Eftalia Mllonas to the Port of New York Authority by Deed dated February 1, 1957 and Recorded in the Register's Office, of Queens County on February 5, 1957 in Liber 6950 of Deeds at page 112 therein; thence (2) Northwardly, along said westerly line of lands conveyed

as aforesaid and along the westerly line of lands acquired by The Port of New York .Authority by Condemnation in a proceeding vesting title on June 6, I956, 58.01 feet to the northerly line of lands acquired by condemnation as aforesaid; thence ( 3 .) Eastwardly, along

said northerly line of lands acquired by condemnation as aforesaid, . 25.00 feet to the westerly line of lands conveyed by Carolir.e Dupree to The Port of New York Authority by Deed dated August 29, 1956 and Recorded in the Register's Office of Queens County on August 31, 1956 in Liber 6907 at page 458 therein; thence (4) Northwardly,

clong said westerly line of lands conveyed by Caroline Dupree as aforesaid, 75.00 feet to the northerly line of lands so conveyed oy Caroline Dupree; thence (5) Eastwardly, along said norxherly line of lands conveyed by Caroline Dupree as aforesaid, 100.00 feet to said westerly line of 82nd Street; thence (6) Southwardly along

said westerly line of 82nd Street, 179,70 feet t o the point and place of BEGINNING. Being the premises known as Lots 30j 33 and ^ 0 , in Block 1034, Section 7 of the Tax Map of the City for the Borough of Queens. - 10 -

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PARCEL 7
a

BEGINNING at a point which'is the intersection of the easterly _ line of Slsx Street with the southerly line of C-rsnc Cer.xral P r . a . a^s;* as now In use and running thence (l) Eastwardly, along said southerly

line of Grand Central Parkway and along the northerly line of lands conveyed by Feldwood Realty Corporation to the Port of New York Authority by Deed dated November 28, 1956 and Recorded in the Register's Office of Queens County on November 29, 1956 in Liber 6932 of Deeds at page 295 therein,. 202.92 feet to the westerly line of 82nd Street (60.00 feet wide); thence (2) Southwardly, along said westerly

line of 82nd Street, 155.22 feet to the southerly line of lands conveyed as aforesaid; thence (3) Westwardly, along said southerly

line of lands conveyed as aforesaid, 200.00 feet to said easterly line Of 8lst Street; thence (4) Northwardly, along said easterly line of 8lst Street, 119.07 feet to the point and place of BEGINNING. Being the premises known as Lot 1 in Block 1034, Section 7 of the Tax Map of the City for the Borough of Queens.

PARCEL 8 BEGINNING at a point which is the Intersection of the easterly line of 82nd Street (6O.OO feet wide) with -zhe nor-herly line of Astoria Boulevard (I30.OO feet wide) and^running thence (1) Northwardly, along said easterly line of 82nd Street, 296.57 feet to the northerly line of lands acquired by Tne 'I'i'ort of New York Authority in Condemnation Proceeding In which title vested

on June 6, 1956; thence (2) Eastwardly, along said northerly line of lands so acquired, 200,01 feet to the westerly line of

33J*C

Street (60,00 feet wide); thence (3) Southwardly, along

said westerly line of 83rd Street, 167,83 feet to the southerly line of lands acquired by condemnation as aforesaid; thence (4) V/estwardly, along said southei^ line of lands so acquired, 107.29 feet xo the easterly line of lands so acquired; thence (5) Southwardly, along said easterly line of lands acquired by condemnation -as aforesaid and along the easterly line of lands conveyed by Kunlgunda Rickel & Louise S. Grimm by Deeds dated July 14 and I9, 1956 and September 24, 1956 and Recorded severally in the Register's Office of Queens County on July 26,.1956 in Liber 6897 at pages 57 i 59 therein and on October 4, 1956 in Liber 6917 at pages 6II and c 613 therein, 173,89 feet to said northerly line of Ascorla Boulevard; thence (6) Westwardly, along said northerly line of Astoria Boulevard, 127.72 feet to the point a . place of BEGINNING. rd Being the premises known as Lots 24, 26, 27, 28, 29, 32, 43, 46, 49, 50, 51, 53, 55 and 59 in Block 1077, Section 7 of the Tax Map of the City for the Borough of Queens.

PARCEL 9 * E I v V . C at a point which is the Intersection of the easterly )Gl.Z\f line of 83rd street (60.00 feet wide) with the southerly line of Grand Central Parkway as in use being also the northwesterly corner of lands acquired by The Port of New York Authority in a Condemnation Proceeding in v;hlch title vested on June 6, 1956 and running thence (1) Eastwardly, along said southerly line of Grand Central

Parkway and along the northerly line of lands acquired as aforesaid and along the northerly line of lands conveyed by Barkln Levin i Co., : Inc. to The Port of New York Authority by Deed -ated July 20, 1956

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and Recorded in the Register's Office of Queens County on .••' ^•". :-•y 1956 in Liber 6895 of Deeds at page 549 therein, along the. ::c c " .- : a circle of 6603.OO feet radius the center of said arc lying to the south an arc distance of 262.64 feet to a point of compound curvature; thence (2) Eastwardly, continuing along said nor-

therly line of lands conveyed as aforesaid and along said southerly line of Grand Central Parkway along the arc of a circle of 270.00 feet radius, the center of said arc lying to the south an arc distance of 188.49 feet to another point of compound curvature; thence (3) Eastwardly and Southwardly along said southerly line

of Grand Central Parkway and said northerly line of lands conveyed as aforeaaid, along the arc of a circle of 44.17^' feet radius, the center of said arc lying to the south, an arc distance of 30.89 feet to a point in the westerly line of 85th Street wide); thence (6O.OO feet

(4) Southwardly, along said westerly line of

85th Street and along the easterly line of lands conveyed as aforesaid, 258.23 feet to the southerly line of lands conveyed as aforesaid; thence (5) Westwardly, along said southerly line

of lands conveyed as aforesaid, 36O.OO feet to the easterly line of lands conveyed as aforesaid; thence (6) Southwardly,

along said easterly line of lands so conveyed, 41.38 feet to the southerly line of lands so conveyed; thence (7) Westwardly,

along said southerly line of lands so conveyed, 100,00 feet to said easterly line of 83rd Street; thence (8) Northwardly, along said easterly line of 83rd Street, 269.32 feet to the point and place of BEGINNING.

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SECURITY DRAWINGS- Ex. (4)

THIS INDENTURE, made the ^

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d a y o f /v. .•',-•/../'•.•.,-V:-1958,
•s.

between THE PORT OP NEW YORK AUTHORITY, a body corporate and politic, created by Compact between the States of New York and New Jersey, with the consent of Congress, having its office at 111 Eighth Avenue, Borough of Manhattan, City, County and State of New York, (hereinafter referred to ea the "Port Authority") and THE CITY OF NEW YORK, a municipal corporation of the State of New York, having its principal office at City Hall, in the Borough of Manhattan, C i t y , County and State of New York (hereinafter referred to as the "City"), WHEREAS, the Agreement between the Port Authority and the City with respect to Municipal Air Terminals dated April 17, 1947, which Agreement was recorded on the 22nd day of May, 1947, in the office of the Register of the City of New York (Queens County) in Liber 5402 of Conveyances, page 319* provides among other things that the Port Authority

shall convey to the City any lands or interests therein which it acquires for use in extension of the Municipal Air Terminals or for use in maintaining airplane beacons, guides or other aids to svigationi and that thereupon such property shell become part of the premises demised to the Port Authority under said Agreement; and VWEREAS, the Port-Authority has acqiiirec for municipal dir terminal purposes the lands hereinafter described, subject to the encumbrances and exceptions specified herein, NOW, THEREFORE, WITNESSETH, that the Port Authority ccei hereby remise, release and quitclaim unto the City, its -ut^essors and assigns foTever, all right, title and Interest of the Port Authority in and to:

isTl

r.i.:. *:i-.^.se lOwS, pieces or parcels of land, with the bulialr:i--..siiij improvements, If any, thereon, s i t u a t e in the Borough and CounLy o<^ Queens, City and State of New York, bounded and described as follows: PARCEL 1
BEGINNING at a point which is the Intersection of the easterly line of 78th Street (60.00 feet wide) with the southerly line of 25th Avenue (70.00 feet wide) end running thence (1) Eastwardly, along

^

said southerly line of 25th Avenue, 200.00 feet to the westerly line of 79th Street (60.00 feet wide); thence (2) Southwardly, along

said westerly line of 79th street, at right angles to the preceding course, 192.82 feet to a point distant 100.00 feet southeastwardly from the center line prolonged of Runway 4-22 of La Guardia Airport, measured at right angles thereto; thence (3) Southwestwardly,

parallel with said center line of runway, distant 100.00 feet southeastwardly therefrom, measured at right angles thereto and along a line which makes an interior angle of 139*^-59'-20" with the preceding coxu?8e, 155,54 feet ro the westerly line of lands acqvilred by The Port of New York Authority in a Condemnation Proceeding vesting title on June 6, 1956 and a point in the center line of the block; thence

(4) Northwardly, along said we'aterly line of lands condemned as aforesaid, along said center line of block and along a line which makes an Interior angle of 40°-00'-40" with the preceding course, 170.59 feet to the southerly line of lands conveyed by Arde Bulova to The Port of :^ew York Authority by Deed dated May 18, 1956 and Recorded on May 21, 1956 in the Register's Office of Queens County in Liber 6876 of Deeds st page 531 therein; tnence (5) Westwardly, along said southerly ^

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line of lands conveyed by Arde Bulova as aforesaid and along a line which makes an int^erlor angle of 282°-44'-40" with the preceding course, 51.28 feet; thence {6j Wcst-A'ardly, continuing blonz said southerly

line of lands conveyed by Arde Bulova ana along a line which makes an interior angle of l83°-19'-20" with the preceding course, 52.C2 feet to said easterly line of 78th StreeCj t ' e c - i n e (7; Kort.^.wara-y, along said easterly line of 78th Street and along a line which makes an interior angle of 73°-56'-00" with the preceding course, at right angles to said southerly line of 25th Avenue, 167,08 feet to the point and place of BEGINNING. Being the premises known as Lot 1 and part of Lot 14 in Block 1055, Section 7 of the Tax Map of the City for the Borough of Queens, PARCEL 2 BEOINNINQ at a point which is the interestlon of the easterly line of 79th Street (60.00 feet wide) with-the southerly line of 25th Avenue (70.00 feet wide) and running thence {I) Eastwardly, ilong

said southerly line of 25th Avenue, at right angles to ssid easterly line of 79th Street, 101.86 feet to a point distant 100,00 feet southeastwardly from the center line prolonged of Runway 4-2<; of La Guardia Airport, measured at right angles thereto; thence (2) Southwest-

wardly, parallel with said center line of runway, distant 100,00 feet southeastwardly therefrom, measured at right angles thereto, along the easterly line of lands acquired by The Port of New York Authority in a Condemnation Proceeding vesting title on June 6, 1956 and along a line which makes an interior angle of 49O-59'-20" with the preceding course, 158.43 feet to said easterly line of 79th Street; thence (3) Northwardly, along aaid easterly line of 79th Street and along a line which makes an Interior angle of 400-00'-4o" with the preceding course, 121.34 feet to the point and place of BEGINNING.

y

Being the premises known as part of Lot 1 and part of Lot 11, in Block 1056, Section 7 of the Tax Map of the City for the Borough : f Queens. >

PARCEL 3 BEGINNING at a point which is the intersection of the northerly line of 25th Avenue (70,00 feet wide) with the easterly line of 79th Street (60.00 feet wide) and running thence (1) Northwardly, along

said easterly line of 79th Street, at right angles to said northerly line of 25th Avenue, 450.00 feet to the northerly line of lands conveyed by Arde Bulova to The Port of New York Authority by Deed dated July 2, 1956 and recorded on July 9 , 1956 in the Register's Office of Queens County in Liber 6891 of Deeds at page 645 therein; thence

(2) Eastwardly, at right angles to the preceding course and along s^^d northerly line of lands conveyed by Arde Bulova as aforesaid, 53.75 feet to the easterly line of lands conveyed by Arde Bulova as aforesaid; thence (3) Southwardly, along said easterly line of

lands conveyed by Arde Bulova as aforesaid and along a line which makes an interior angle of 1120-46'-03" with the preceding course, 108.49 feet to the northerly line of lands conveyed by Clara Maurer to The Port of New York Authority by Deed dated June 12, 1956 and recorded on June 12, 1956 In the Register's Office of Queens County in Liber 6883 of Deeds at page 632 therein; thence (4) Eastwardly,

along said northerly line of lands conveyed by Clara Maurer as aforesaid and along a line which makes an interior angle of 2470-13'-57" v.'lth the preceding coxorse, 104,29 feet to the westerly line of 80th Street (60.00 feet wide); thence (5) Southwardly, along said
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westerly line of 8oth Street, at right angles to the preceding course, 350.00 feet to the corner formed by the intersection of said westerly line of 80th Street with said northerly line of 25th Avenue; thence (6) Westwardly, along said northerly line of 25th Avenue, at right angles xo the preceding courae, 200.00 feet to the point and place of BEGINNING. Being the premises known as Lots 18, 20, 22, 24 and part of 32, in Block 1043, section 7 of the Tax Map of the City for the Borough of Queens.

PARCEL 4 BEGINNING at a point in the easterly line of 80th Street (60.00 feet wide) distant 125.00 feet northwardly thereon from the corner formed by the intersection of said easterly line of 8cth Street with the northerly line of 25th Avenue (70.00 feet wide) said point lying in the southerly line of lands conveyed by John & Christine Harvan to The Port of New York Authority by Deed dated June 14, 1956 and Recorded in the Register's Office of Queens county on June 15, 1956 in Liber 6864 of Deeds at page 528 therein and running thence (1) Northwardly, along said easterly line of 80th Street, •

375.00 feet to the northerly line of lands conveyed by Wilhelmina Kobryn tc The Port of New York Authority by Deed dated July 10, 1956 and Record' ed in the Register's Office of Queens County on July 12, 1956 in Liber 6S92 of Deeds at page 627 therein; thence (2) Eastwardly, along

3£ld northerly line of lands conveyed by Wilhelmina Kobryn as aforesaid, 100,00 feet to the westerly line of lands acquired by The Port of New York Authority in Condemnation Proceeding in which title vested
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of lands acquired as aforesaid, 100.00 feet to the southerly line of 24th Avenxie (70.00 feet wide); thence (4) Eastwardly, along said

southerly line of 24th Avenue, 100.00 feet to the corner formed by the intersection of said southerly line of 24th Avenue with the westerly line of 8lst Street (60.00 feet wide); thence (5) South-

wardly, along said westerly line of 8lst Street, 325.00 feet to the southerly line of lands conveyed by Ellen Shelby to The Pert of New York Authority by Deed dated June 27* 1956 and Recorded in the Register's Office of Queens County on June 28, 1956 in Liber 6888 of Deeds at page 231 therein; thence (6) Westwardly, along said

southerly line of lands conveyed by Ellen Shelby aforesaid, 100.00 feet to the cener line of the block and a point in the easterly line of lands conveyed by Joseph Somma to The Port of New York Authority by Deed dated February 8, 1956 and Recorded in the Register's Office on February 9, 1956 in Liber 6849 of Deeds at page 454 therein; thence (7) Southwardly, along said center line of block and along said easterly line of lands conveyed by Joseph Somma as aforesaid, along the easterly line of lands conveyed by George & Rose Strnad by Deed dated July 23, 1956 and Recorded on July 30, 1956 in the Register's Office of Queens County by Torrens Certificate numbered I89, along, the easterly line of lands acq\iired by The Port of New York Authority in Condemnation Proceedings in which title vested on June 6, 1956, along the easterly line of lands conveyed by John & Christine Harvan as aforesaid, 150.OO feet to said southerly line of lands conveyed by John & Christine Harvan; thence (8) Westwardly, along said southerly line of lands conveyed by John & Christine Harvan as aforesaid, 100.00 fec-t to the point and plaoe of BEGINNING.
»"<

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Being the premises known as Lots 6, 9, 11, 14, 16, 20, 43, 45, 46, 48, 49, 50, 51, 52, 53, 54, 56, 57 and 59 in Block 1044, Section 7 of the Tax Map of the City for the Borough of Queens. PARCEL 5 BEGINNING at a point which is the intersection of the southerly line of 24th Avenue (70.00 feet wide) with the easterly line of 8lst Street (60.OO feet wide) and running thence (1) Eastwardly, along said southerly line of 24th Avenue, 125.00 feet to the easterly line c lands acquired by The Port of New York Authority in a Condemnation Pre ceeding in which title vested on June 6, 1956; thence (2) Southwardly along said easterly line of lands acquired a& aforesaid, 100,00 feet to s southerly line of lands acquired as aforesaid; thence (3) Westwardly, along said southerly line of lands acquired as aforesaid, 25,00 feet to the center line of the block and another easterly line of lands acquired by condemnation as aforesaid; thence (4) Southwardly, along ssid lands acquired by condemnation and along the easterly line of lands conveyed by Andrew Haurylak by Deed dated September 28, 1956 and Recorded in the Register's Office of Queens County on September 28, 1956 in Liber 6916 at page 83 therein, 75,00 feet to the southerly line of lands conveyed by Andrew Haurylak aforesaid; thence (5) Westwardly, along said southerly line of lands conveyed by Andrew Ka\irylak, 100.00 feet to said easterly line of 8lst Street; thence (6) • Northwardly, along said easterly line of 8lst Street, 175.00 feet to the point and place of BEGINNING. - Being the premises ioicwn aa Lots '*. ; l 3. • , 57j ti . T i 3r. -. * s. .r. r.loik 1045, Section 7 of the Tix M^p cf, the Oi'-y ; ; t . r v . . g . * r e c . . .r : J.-eer.s, "

/>7

PARCEL 6 BEGINNING at a point which is the intersection of the westerly line of 82nd street (60.00 feet wide) with the northerly line of Astoria Boulevard (130.00 feet wide) and running thence (1) Westwardly, along said northerly line of Astoria Boulevard, 133.44 feet to the westerly line of lands conveyed by Stephen, Electra, George and Eftalia Mllonas to the Port of New York Authority by Deed dated February 1, I957 and Recorded in the Register's Office of Queens County on February 5, 1957 in Liber 6950 of Deeds at page 112 therein; thence (2) Northwardly, along said westerly line of lands conveyed as aforesaid and along the westerly line of lands acquired by The Port of New York Authority by Condemnation in a proceeding vesting title on June 6, 1956, 58.01 feet to the northerly line of lands acquired by condemnation as aforesaid; thence (3) Eastwardly, along said northerly line of lands acquired by condemnation as aforesaid, 25.00 feet to the westerly line of lands conveyed by Caroline Dupree to The Port of New York Authority by Deed dated August 29, 1956 and Recorded in the Register's Office of Queens County on August 31* 1956 in Liber 6907 at page 458 therein; thence (4) Northwardly, along said westerly line of lands conveyed by Caroline Dupree as aforesaid, 75,00 feet to the northerly.line of lands so conveyed by Caroline Dupree; thence (5) Eastwardly, along said northerly line of lands conveyed by Caroline Dupree as sforesaid, 100.00 feet to said westerly line of 82nd Street; thence (6) Southwardly along said westerly line of 82nd Street, 179,70 feet to the point and place of BEGINNING. Being the preimises known as Lots 30, 33 ind -C^. ^r. r-w-^k lC34, Section 7 of the Tax Map of the City for the 5cro-gh zi
/>

Queens. - 8 -

PARCEL 7

BEGINNING at a point which Is the intersection of the easterly ilne of 8lst Street with the southerly line of Grand Oentral ParKvay as now in use and running thence (l) Eastwardly, along said souther!

line of Grand Central Parkway and along the northerly line of lands conveyed by Feldwood Realty Corporation to the Port of New York Author ity by Deed dated November 28, 1956 and Recorded in the Register's Office of Queens County on November 29, 1956 in Liber 6932 of Deeds at page 295 therein, 202.92 feet to the westerly line of 82nd Street (60.00 feet wide); thence (2) Southwardly, along said westerly

line of 82nd Street, 155.22 feet to the southerly line of lands c.onveyed as aforesaid; thence (3) Westwardly, along said southerly

line of lands conveyed as aforesaid, 200.00 feet to said easterly line of 8let Street; thence (4) Northwardly, along said easterly

line of 8lst Street, 119.07 feet to the point and place of 5EGINNING. Being the premises known as Lot l in Block 1034, Section 7 cf the Tax Map of the City for the Borough of Queens.

^

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PARCEL 5 BEGINNING at a point which Is the intersection of the easterly line of e2nd Street (60.OO feet wide) with the northerly line of Astoria Boulevard (130.00 feet wide) and running thence (1) Northwardly, klong said easterly line of 82nd Street, 296.57 feet to the northerly line of lands acquired by The Port of New York Authority in Condemnation Proceeding in which title vested

on June 6, 1956; thence (2) Eastwardly, along said-northerly line of lands so acq\aired, 200.01 feet to the westerly line of 83rd Street (60-00'feet wide); thence (3) Southwardly, along said westerly line of 83rd Street, 167,83 feet to the southerly line of lands acquired by condemnation as aforesaid; thence (4) Westwardly, along said southei^ line of lands so acquired, .107.29 feet to the easterly line of lands so acquired; thence (5) Southwardly, along said easterly line of lands acquired by condemnation as aforesaid and along the easterly line of lands conveyed by Kunlgunda Rickel & Louise S. Grimm by Deeds dated July 14 and 19# 1956 and September 24, 1956 and Recorded severally In the Register's Office of Queens County on July 26, 1956 in Liber 6897 at pages 57 3 59 therein and on October 4, 1956 in Liber 6917 at pages 6II and c 613 therein, 173,89 feet to said northerly line of Astoria Boulevard; thence (6) Westwardly, along said northerly line of Astoria Boulevard, 127,72 feet to the point and place of BEGINNING. Being the premises known as Lots 24, 26, 27, 28, 29, 32, 43, 46, 49, 50, 51# 53, 55 and 59 in Block 1077i Section 7 of the Tax Map of the City for the Borough of Queens,

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PARCEL 9 BEGINNING at a point which is the intersection of the easterly line -of 83rd Street (60.00 feet wide) with the southerly line of Grand Central parkway as in use being alsd the northwesterly c o m e r of lands acquired by The Port of New York Authority In a Condemnation Proceeding in which title vested on June 6, 1956 and running thence (1) Eastwardly, along said southerly line of Grand Central

Parkway and along the northerly line of lands acquired as aforesaid and along the northerly line of lands conveyed by Barkln Levin & Co., Inc. to The Port of New York Authority by Deed dated July 20, 1956 and Recorded in the Register's Office of Queens County on July 20, 1956 in Liber 6895 of Deeds at page 549 therein, along the arc of , a circle of 6603.00 feet radius the center of said arc lying to the south an arc distance of 262.64 feet to a point of compound curvature; thence (2) Eastwardly, continuing along said nor-

therly line of lands conveyed as aforesaid and along said northerly line of Grand Central Parkway along the arc of a circle of 270.00 feet radius, the center of said arc lying to the south an arc distance of 188.49 feet to another point of compound curvature; thence (3) Eastwardly and Southwardly along said northerly Parkway and said northerly line of lands

line Of Grand Central

conveyed as sforesaid, along the arc of a circle of 44.176 feet radius, the center of said arc lying to the south, an arc distance of 30.89 feet to a point in the westerly line of 85th Street (60.00 feet wide); thence (4) Southwardly, along said westerly line

of 85th Street and along the easterly line of lands conveyed as

fr/
- 11 -

aforeaaid, 258.23 feet to the southerly line of lands conveyed as aforesaid; thence . (5) Westwardly, along said southerly line

of lands conveyed as aforesaid, 360.00 feet to the easterly line of lands conveyed as aforesaid; thence (6) Southwardly,

along said easterly line of lands so conveyed, 41.38 feet'to the southerly line of lands so conveyed; thence (7) Westwardly,

along said southerly line of lands so conveyed, 100.00 feet to said easterly line of 83rd Street; thence (8) Northwardly,

along said easterly line of 83rd Street, 269.32 feet to the point and place of BEGINNING, Being the premises known as Lots 60 and 62, in Block IO78, Section 7 of the Tax Map of the City for the Borough of Queens. Subject, however, to the following: (a) the Agre&ment with respect to Municipal Air Terminals between the Port Authority and the City, dated April 17, 1947, and all rights of the Port Authority as lessee or otherwise under said Agreement; (b) outstanding title in any of the People herein in the State of New York or In the City and liens snd encttmbrances in favor of the People of the State of New York or the City which reduce the estate or interest of any of the former owners; (c) encroachments, if any, upon the premises herein described of any structures or appurtenances standing or maintained partly upon the premises herein described and partly upon the adjoing premises; and (d) any state of facts which an accurate survey may show.

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TO HAVE AND TO HOU> the premises granted to the City, its successors and assigns forever, subject, however, to the items specified aforesaid. IN WITNESS WHEREOF, the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this indenture to be aigned in triplicate by its Executive Director the day and year first above written. THE PORT OF NEW YORK AUIHORITY
By

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A

Austin J. TODin, executive birector ATTEST:
' ' • — .

• I .

^:

secretary
,i' ri

Approved as to form:
sianey ooxdstein General Counsel

- - ^ • : - v : V . ; . ^ / i ^ , ^ , - -/T-J-/-:>

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THE CITY OP NEW YORK AND THE PORT OF NEW YORK AUTHORITY

FIFTH SUPPLEMENTAL AOREEIffiNT WITH RESPECT TO MUNICIPAL AIR TERMINALS

Dated October 3, I960

if^

AGRE^*iS2?r (hereinafter referred to as "Fifth Supplemental AgPeoaent") made as of thia 3rd day of October , i960, by

and between THE CITY OF NEW YORK, a municipal corporation of the State of New York, with its principal o t t X o e at the City Hall, in the Borough of Manhattan, City of New York (hereinafter referred to as the "City") and THE PORT OP NEW YORK AUTHORITY, a body corporate and politic created by Compact between the States of New York and New Jersey with the consent of Congress, with its office at 111 Eighth Avenue, Boroiigh of Manhattan, City of New York (hereinafter referred to as the "Port Authority"), WITNESSETH, That: WHEREAS, under date of April 17, 1947, the City and the Pert Authority entered into an Agreement with z*e8pect to Municipal Air Tenninals (hereinafter referred to as the "Original Agreiement"), the execution of which by the City was authorized by resolution duly adopted by its Board of Estimate on April 17, 1947 (Cal. No; 5 ) , and ths execution of which by the Port Authority was authorized by resolution duly adopted by its Board of Ccmmissloners on April 17, 1947, and WHEREAS, under date of May 26, 1949, the City and the Fort ;:uthority entered into an agreement (hereinafter referred to as the "First Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said First Supplemental Ajrc^eaent by the City having been authorized by resolution duly adopted by its Board of Estimate on M&y 26, 1949 (Cal. No. 137) and thu execution thereof by the Port Authority havlTig been authorized wy resolution duly adopted by Its Board of Ccmmiasioners on Hay 12, 1949, and

•V

WHEREAS, under date of November 7f 1952, the City and the Port Authority entered into an agreement (hereinafter referred to as the "Second Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Second Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on October 23, 1952 (Cal. No. 27) and the execution thereof by the Port Authority having been authorized by resolution duly, adopted by its Board of Commissioners on August 14, 1952, and WHEREAS, under date of May 28, 1956, the -City and the Port Authority entered into an agreement (hereinafter referred to as the "Third Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Third Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estlj&ate on April 26, 1956 (Cal. No. Ill) and the execution thereof by the Port Authority having been authorized by resolution duly adopted by its Board of Commissioners on May 10, 1956, and WHEREAS, iinder date of November 6, 1959 the City and the Port Authority entered into an Agreement (hereinafter referred to as "Fourth Supplemental Agreement") modifying and supplementing said Original Agreement, the execution of said Fourth Supplemental Agreement by the City having been authorized by resolution duly adopted by its Board of Estimate on October 9, 1958 (Cal. No. 60) and the execution thereof by the Port Authority having been authorized by resolution duly adopted by its Board of Commissioners on October 3, 1958, and
/tr"
- £ -

WHEREAS, it is necessary and desirable that certain of the terms, conditions and provisions of said Original Agreement should be further modified, amended and supplemented; NOW, THSIEPORE, for and in consideration of the agreements and covenants herein contained, the City and the Port Authority hereby mutually undertake, promise and agree, each for Itself and its successors and assigns that aaid Original Agreement shall be and it is hereby supplemented and amended as follows; I. DEFINITIONS Except as hereinafter expressly provided, any words or phrases used in this Fifth Supplemental Agreement and specifically defined In the Original Agreement shall.be read and construed in accordance with the definition in the Original Agreement . II. SUBSTITUTED SCHEDULE A The schedule marked "Substituted Schedule A" annexed to the Second Supplemental Agreement and amended and supplemented by the Third Supplemental Agreement and the Foiirth ^ Supplemental Agreement is hereby further amended and supplemented by adding as Item 14 thereof, -the "Supplement to substituted schedule A" annexed hereto. Whenever In the Original

Agreement reference is made to Schedule A, such reference shall be construed to refer to said Substituted Schedule A as substituted by the Secorid Supplemental- Agreement, amended and supplement£>d by the Third Stqpplemental Agreement and by the Fourth Supplemental Agreement and as amended and supplemented

f^l

hereby.

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III. SURRENDER OF PORTION OF- DEMISED PREMISES » LA GUARDIA AIRPORT-* •AbbJl^ltOy^A:^ CTRST" [ '. ' • The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises described in Item 14 of the "Supplement to Substituted Schedule A" attached hereto, and all the estate, rights tltl6« Interest, term of years, property, claim and demand whatsoever of the Port Authority of, in, to and out of the same, to the Intent and purpose that the said term in said portion of the premises herein sxirrendered may be wholly merged, extinguished, determined and excluded from the original lease agreement, to have and to hold said premises herein surrendered unto the City, its succeasora and assigns forever, upon the conditions following, to wit: during the term for which the demised premises are leased, 1. The Port Authority and its employees, contractors, permitteeSp agents or other person duly designated by it shall have the right, without cost or expense to the City, to install, maintain, operate, Relocate or replace in, under and upon the prwolses herein sxirrendered, including any city streets which may be within the boundaries thereof, such approach lighting systems and other aids to avigation and facilities incidental thereto as a.hall be necessary or desirable in .the opinion of the Port Authority for tbe safe and efficient oper::tion of LaGuardia Airport« at locations therein which the Port Authority shall deem appropriate therefor, and the Port Authority and its einployeesp contractors, permittees, agents or other person duly designated by it shall have the right at all times to enter upon the said premises to inspect the condition thereof and to enter thereon with men, equipment, trucks and vehicles in order to effect the installation, repair, replacement, expansion and relocation of such« '

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n

approach lighting systems, other aids to avigation, and facilities Incidental thereto; 2. the City shall use the premises herein surrendered

for park purposes and for no other purpose whatsoever; the City shall not develop or use the premises herein siu?rendered nor exercise any right with respect thereto so as to interfere with, iaqpair or obstruct the safe and efficient operation and development of La Guardia Aiz*port or the safe and unrestricted passage of aircraft ovei* the premises herein siirrendered; the City shall abate any smoke or vapor, at the request of the Port Authority; the City shall not erect, install or maintain any structure, building, tower, pole, wire or other.object the construction, maintenance or operation of which would constitute a hazard to avigation in the opinion of the Port Authority; 3« the City shall take all reasonably practicable precau-

tions to prevent its agents, employees, licensees, contractors and invitees from intruding upon, interfering with or damaging any property upon the said premises installed, operated or maintained by or'on behalf of the Port Authority; and 4. the City shall not place fill in or upon the premises

surrendered by Section III of this Fifth Supplemental Agreement or place any structures or buildings thereon except in accordance with plans approved by the Chief Engineer of the Port Authority, provided, that such approval shall not be withheld xinreasonably. IV. SURRBOiER OF SURPLUS PARCEL - ITEM 2 - SUBSTITPTED SCKEDULE A T - c Port Authority hereby gives up, grants, yields and l. surrenders unto the City and the City hereby accepts the surrender
/
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of the portion of the demised" premises consisting of four (4) •parcels of land on Rikers Island, Borough of the Bronx, described as Item 2 in th|p Substituted Schedule A attached to the Second Supple'mental Agreement, and. all the estate, right, title, interest, term of years, property,, claims and demands whatsoever of the Port Authority of, in to and out of the same, to the intent and purpose that the said term in said portion of the premises herein surrendered may be wholly merged, extinguished, determined and excluded from the original lease agreement, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, subject, however, during the term for which the demised premises were leased, to the provisions of section 24 of the Original Agreement. V. LEASE OF ADDITIONAL DEMISED PREMISES - LA GUARDIA AIRPORT The City hereby demises and leases to the Port Authority and the Port Authority does hereby hire and take from the City, for air terminal purposes and for purposes incidental thereto, the additional lands shown in cross hatching on the map of La Guardia Airport annexed hereto marked ''Supplemental t l p I-A" to have and to <a hold xinto the Port Authority from the date of this Fifth Supplemental Agreement until the expiration or sooner termination of the Original Agreement, subject to all of the terms, covenants and conditions set forth In the said Original Agreement. As soon as possible after completion of the programm of rehabilitating and improving La.Guardia Airport, the Port Authority shall, itself or through others acting on its behalf, landscape the area along Grand Central Parkway between the Parkway pavement and the southerly boundary of La Guardia Airport shown on the axuiexed
/;-.

"Supplemental y^p I-A" with screen planting satisfactory to the

Department of Parks and, as between the City and the Port Authority, the Port Authority shall assume the cost of such initial landscaping. Thereafter, aUch landscaping

shall be maintained by the City. IN WITNESS WHEREOF, the City has caused its corporate seal to be hereunto affixed and duly attested . and this Agreement to be signed by its Mayor; and the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Executive Director, the day and year first above written.

ATTEST: Herman Katz City "Clerk" ATTEST: Joseph G. Carty Secretary Approved as to Form Leo A. larkin Acting Corporation counsel

THE CITY OP NEW YORK Robert P. Wagner Mayor THE PORT OF NEW YORK AUTIORITY Austin J. Tobin acecuxive Director Approved as to Form R_. C Skehan Assistant General counsel

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Ex.1

STATE 0? in:W YO.HK COUNTY OP NEW YORK

) 53, )

On this l4th day of July, i960, before ma personally came and appeared AUSTIN J. TOBIN, to me known, who being by me duly sworn, did depose and say that he resides at ; that he is the Executive Director jaf -THE PORT OF NEW YORK AUTHORITY, a body corporate and politic created by contact between the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing instrument; that he knows the seal of THE PORT OF NEW YORK AUTHORITY aforesaid; that the seal affixed to the said instrument is such seal; that it was so affixed by order of the Commissioners of THE PORT OF NEW YORK AUTHORITY and that he signed his name thereto by like order.*

Albert J. Buckley

ALBERT J. BUCKLEY NOTARY PUBLIC, State of New York No. 60-0479065 Qualified in Westchester County Con;:ri-.5jion expires March 30, 196I,

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;7

Ex.1 STATE OF NEW YORK COUNTY.OF NEW YORK ) ss CITY OF NEW YORK On the 11th day of October, I960, before me personally came HERMAN KATZ, with whom I am personally acquainted, and known to me to be the City Clerk of THE CITY OP NEW YORK, who, being by me duly sworn did "depose and say that he resides at ; that he is the City Clerk of THE CITY OF NEW YORK, the corporation described in and which executed the foregoing instrument; that he knew the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was 3f> affixed by the order of the Board of Estimate, and that he signed his name thereto as City Clerk by like authority; and further that he knows and is acquainted with ROBERT F. WAGNER and knows him to be the person described jln and who as Mayor of THE CITY" OF *^V/ YORK executed the said Instrument; that he saw hin subscribe and execute the ^ame, and that he acknowledged to him, the said HERMAN KATZ, that he executed the same, and he, the said HERMAN KATZ thereupon subscribed his name hereto.

Joseph A. Fanelli

JOSEPH A. FAJIELLI Commissioner of Deeds City of New York New York County Clerk's No. 19 Commission Expires March 19, 1961

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7^'

Supplement to Substituted Schedule A I E - 14 T;i PARCEL X

ALL those lots, pieces or parcels of land, v l i h the i'^ buildings and Iriprovements, if any, thereon^ situate, lying and being In the Borough and County of Quecr.t, City and State of New York^ la;own and designated on a certain map entltlod " - a of Property belongins to Valentin Klein, situate in the ::p • r d Ward of the Borough of Queens, New York City surveyed 2, September 1919i by Walter I. Browne, C.E. & C.S."; and filed or intendc^d to be filed in the Office of the Clerk of the County of Queens as and by the Lots #25 and 26, which said lots according to said 7.ap are bounded and described as follows: BEGINNING at a point on the westerlv side of 82nd Street (formerly 25th Street) distant northerly 299.35 feet from tr.e corner f oraed by the intersection of the 'westerly side of 25th Street and the'northeasterly side Of Astoria Boulevard (formerly Astoria Avenue); running thence westerly and at right angles to said 62nd Street^ 100 feet: thence northerly and parallel ulth said 82nd Street, 45.98 feet to lands .now or formerly of the Estate of Garrett Kowenhoven, deceased; thence easterly c . o . said lands 100 feet to the westerly side of 82nd Street, ilr^ 45»04 feet to the point or place'of beginning. Being the premises also known and designated as and b : the Lot #25, Block 1034 of Section 7 as shown on the Tax Map '' Ci' the County of Queens. PARCEL 2 All that certain plot, piece or parcel of land situate, -•/ing and being In th« Borough and County of Queens, City and i ' : t of :e. York, known as and by the Lot No. 1^ Block No. 1077 i.a3 :-J c- Section 7s as shown on. Tax Map of the County of Queens, said l^lock No. 1077 being designated as Block No. 1409 of Section 6 o* the land Map of the County of Queens, and bounded and described as follows: On the North by Grand Central Parkvjay, on th« IrJett by Eighty-Second Street; and on the East by SightyThlrd Street.

77

SECURITY DRAWINGS - Ex. (4)

THIS INDENTURE, made the 14 day of ^ ^ o ^ 196O, between ^ TKE PORT OF NEV; YORK AUTHORITY, a body corporate and. politic, created by Compact between the States of New York and New Jersey, with the consent of Congress, having its office at 111 Eighth Avenue, Borough of Manhattan, City, County and State of New York, (hereinafter referred to as the "Port Authority") and THE CITY OF NEW YORK, a municipal corporation of the State of New York, having its principal office at City Hall, in the Borough of MarJiattan, City, County and State of New York (hereinafter referred to as the "City"), WHEREAS, the Agreement between the Port Authority and the City with respect to I-3unicipal Air Termlr.al8 dated April 17, 1947, which Agreement was recorded on the 22nc day of May, 1947, in the office of the Register of the City of New York (Queens County) in Liber 5402 of Conveyances, page 319, provides among other things that the Port Authority shall convey to the City any lands or interests therein which it acquires for use in extension of the :':[unicipal Air Terminals or for use in maintaining airplane beacons, guides or other aids to avigation, and that thereupon such property &h:.ll become part of the premises demised to the Port Authority under said Agreement; anc VHEP.EAS, the Port Authority has acquired for municipal air t&rminal purposes the lands hereinafter described,'subject to the cr.cumbranco£ and exceptions specified herein, NOW, THEREFORE, WITNESSETH, that the Port Authority does hereby remiss, release and quitclaim unto the City, its successors and assigns forpver, all right, title and interitst of the Port Authority in and to:

ALL those lots^ pieces or parcels of land, with the buildings and improvements, if any, thereon, situate, lying and being in the Borough and County of Queens, City and State of New Yorki known and designated on a certain map entitled "Map of Property belonging to Valentin Klein, situate in the 2nd Ward of the Borough of Queens, New York City surveyed September 1919, by Walter I. Browne, C.E* & C.S.", and filed or intended to be filed in the Office of the Clerk of the County of Queens as and by the Lots #25 and 26, which said lots according to said map are bounded and described as follows:, BEGINNING at a point on the westerly side of 82nd Street (formerly 25th Street) distant northerly 299- 35 feet from the corner formed by the. intersection of the vjesterly side of 25th Street and the northeasterly side of Astoria Boulevard (formerly Astoria Aveivue); running thence westerly and at right angles to said B2nd Street, 100 feet; thence northerly and parallel with said 82nd Street, 45.98 feet to lands nov; or formerly of the Estate of Garrett Kowenhoven, deceased; thence easterly along said lands 100 feet to the westerly side of 82nd Street; thence southerly along said westerly side of 82nd Street, 4504 feet to the point or place of begnming. Being the premises also known and designated as and by the Lot #25, Block 1034 of Section 7 as shown on the Tax Map of the County of Queens. TOGETHER WITH: All right, title and interest of the ?orx Authority or which the Port Authority has power to convey or dispone of, in and to u.iy land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining the premises.

IS
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All right, title and interest of the Port Authority or which the Port Authority has power to convey or dispose of, in and to all strips and gores abutting and of the title lines of said premises. Subject, however, to the following; (a) the Agreement with respect to Municipal -ll- Terminals f-r

between the Port Authority and the City, dated April 17, 1947, and all rights of the Port Authority as lessee or otherwise under said Agreement; (b) outstanding title, if any, of the People of the State

of New York or of the City and liens and enciinbrances in favor of the People of the State of Hew York or the City which reduce the estate or interest of any of the former owners; (c) encroachments, if any, upon the premises herein

described of any structures or appurtenances standing or maintained partly upon the premises herein described and partly upon the adjoining premises; and (d) show, TO SkTE AND TO fiCLD the premises granted to the City, its successors and assigns forever, subject, however, to the items specified aforesaid, IN WITNESS V/HEREOF, the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this indenture to be signed in triplicate by its Executive Director the day and year first above written. ATTEST: Jo£--ny. Q. cartv Secretary Approved as to form: Eosaleen C. Skehan Sioney Goiostein General Counsel THE PORT OF N V ^ YORK AUTHORITY S. By Austin o. T o t m • . A u s t i n J. TODin Executive Director any state of facts which an accurate survey may

3-

S T A ^ OF NEW YORK SS : COUNTYOF NEW YORK On the 14

Ex.1

day of twr^ty I960, before me personally

came. AUSTIN J, TOBIN to me knoVn, who, being by me duly sworn, did depose and say that he roBidea at that he io the &eeutive Director of THE FORT OF NEW YORK AUTHORITY, a body corporate and politic created by Com«pact betfween the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing instrument; that he knows the seal of TEE PORT OF NEW YORK AUT^RITY; that the seal affUced to the said instrument Is such corporate seal; that it wae so affixed by order of the Commissioners of THE PORT OF NEW YORK AUTBDRITY; and that he elgned hie name thereto by like order»

Albert J. Buckley Notary Public Albert J. Buckley Notary Public, State of New York N0.6O-0479065 Qualified Ux Westchester County Commlsalon, expires March 30, I961

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THE CITY OF MEW YORK

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AND

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THE PORT OP NEW YORK AUTHORITY

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SIXTH SUPPLEMENTAL AGHEEOBEKT WITH RESPECT TO MUNICIPAL AIR TERMINALS

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DATED

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01

SIXTH SUPPLEMEirrAL AGREEMENT made as of the ' ^ ^ ' day of /vfiriT; • f^Lf , between THE CITY OP NEW YORK, a New York municipal

corporation, hereinafter called "The City**, and ••THE PORT OF NEW YORE AUTHORITY**, a body corporate and politic created by Compact between the States of New York end New Jersey with the consent of . Congress, hereinafter called the "Port Authority". W I T N E S S E T H , That: i.A WHEREAS, the parties hereto under date of April 17f 1947,

jl'^'have duly entered into an Agreement relating to Municipal Air ' Teznlnals, and WHEREAS, the said parties have duly amended, supplemented and modified, the said agreement by several Agreements duly entered into as of May 26, 1949, November 7, 1952, May 28, 1956, . . November 6, 1959 and October 3, 1960, respectively, and WHEREAS* the said parties desire to further amend, supplement and modify the Agreement of April 17# 1947, as amended, supplemented and modified, . NOW, THEREFORE, it is mutually agreed as follows; 1. SURRENDER OF PORTIONS OP DEMISED PREMISES Tomj F. JtElNNEDY INTfeRHA^lfa^AL AIRPORT ~ The Port Authority hereby gives, grants and surrenders unto the City and the City hereby accepta the surrender of the portion of the demised premises shown cross-hatched and dotted on the map of John F.Kennedy International Airport annexed, hereto and marked "Supplemental .Map II-C", dated December 2, 1964, and further described in the annexed Schedule "A", and all.the estate, right, title, interest, terms of years, property, claim and demand

Kc. 163m
whatsoever of the port Authority of, in, to and out of the same, to tbe intent and purpose that the said term in said portion of the demised premises shown cross-batched and dotted on said

02

Supplemental Map II-C may be wholly merged, extinguished, determined and excluded from the original leaae agreement, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, provided that tbe Port Authority shall have the right to the maintenance thereunder of existing utility facilities and aids to avigation of the Federal Aviation Agency and shall have the right to maintain and operate existing installatlona on parcels 5» 6 and 7# and, subject to approval of the City, zoay z*elocate and replace such Installations. 2. Pursuant to the provisions of Section V of the Third

Supplemental Agreement of May 26| 1956, -the Port Authority hereby consents to the use for street or highway p\irposes.of those portions of the premises thereby surrendered which are shown hatched on Supplemental Map II-C, subject to sueh other conditions of that surrender which are not in conflict with the conatructlon and the regulations approved by the State Superintendent of Public Works and the Federal. Bureau of Public Roads. It is imderstuod that the line of the premises being surrendered by the Fort of New York Authority or as to which it is granting consent to construction, all as shown on Supplemental Map II-C, shall be,subject to modification as to detail as City authorized work progresses and as it is completed and in place, with confirmatory -instruments to be provided aa necessary. -2Ji

ttc3. CLOSING OP PORTIOK OF ROCKAWAY BOULEVARD LOCATION OF NASSAU E X P R F ^ S W A Y T

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The City agrees that it will close and discontinue as a street that portion of Rockaway Boiaevard between New York Boulevard and a point 1,300 feet more or less, west of the northwest comer of BrookviUe Boulevard and Rockaway Boulevard. The City further agrees.that s part of the proposed Nassau Expressway will be built north of that section of the existing Rockaway Boulevard which lies between Springfield Boulevard and a point 1,300 feet west of the northwest c o m e r of BrookviUe Boulevard and Rockaway Boulevard, generally along the alignment shown on Supplemental Map II-C« Port of New York Authority hereby waives any claim it nay be entitled to by reason of the elimination, discontinuance and cloaing of said Rockaway Boulevard, and hereby agrees that there shall be no access from its property over and across said Rookaway Boulevard, except as It or the Federal Aviation Agency may require for the purpose of installing, operating, maintaining, relocating, replacing and Inspecting approach lighting systeais, otber aids to avigation and facilities incidental thereto locet ed witbin tbe area bounded by Rockaway Boulevard and tbe proposed New Nassau Expressway* 4« Except as In this agreement specifically stated, the terms,

provisions and conditions of tbe agreements made by the parties hereto dated April 17, 1947* May 26, 1949, November 7| 1952, May 26, 1956, November 6, 1959 and October 3, I960, respectively,

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shall remain in full force and effect. IN WITNESS WHEREOF, tbe City has caused its corporate seal to be hereunto affixed and duly attested and tbis Agreement to be signed by its Mayor; and tbe Port Authority has caused its corporate seal to be hereunto affixed and duly attested and tbis Agreement to be signed by its Executive Director, tbe day and year first above written.

04

THE CITY OF HEW YORK

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THE PORT OF NEW YORK AUTHORITY
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Approved as t o form

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Corporatl'on counse

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STATE OF NEW YORK ) *_. COTOTY OF NEW YORK ) * On t b e / ^ ^ day of^ Z^^^;^; 0

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before me came

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did depos^and say that be resides at that be is tbe Executive Director of the Port of New York Authority, tbe corporation described in, and which executed the foregoing instrument; that be knows tbe seal of said corporation; that the seal affixed to said instrument is sucb corporate seal; that it was ao affixed by order of tbe Consolssionera of said corporation; and that be signed bis name thereto by like order.

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^ MILDRED C. PORTH
Motary public. $(#. ef f4«» " No. JO-3137750
^ CowmdiiioK Eiptru M»ch 30,

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Ex.1

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CITY OP NEW YORK came /V^^4»»ut^.-

) ^ ^ / y / # before ae personally , with whom I aa personally /\eu!^

On tbis '^V^day of

acquainted, cmd known to me to be tbe City Clerk of Tbe City of New York, who being by me duly sworn, did depose and say that be resides at , in tbe Borough of y ^ ^ ^ J u J i S ^ ^ city of New York; that be is tbe -City Clerk of Tbe City of New York, tbe corporation described in and wbicb executed tbe foregoing instrument; that be knows tbe seal of said corporation; that tbe seal affixed to aaid instrument is sucb corporate seal; that it was so affixed as provided, by lew, and that be signed bis. name thereto es City Clerk by like authority, and further, that be knows and is acquainted with P\<f*<^ :f* -i>^Wt-^

, and knows bla to be the person described In and who, as Mayor of Tbe City of New York, executed tbe said instrument; that be saw bim subscribe, execute and deliver tbe same, and that be acknowledged to bim, tbe said £^^r^ CcL/i/^ ^ ^ 7 ^^^^ * and that be executed and delivered tbe same, and he, tbe said thereupon subscribed bie name thereto*

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SCHEDULE A PARCEL 1

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BEGINNING st a point on tbe southerly line of Southern Parkway distant 969*58 feet westerly from tbe corner formed by the intersection of tbe southerly side of Southern Parkway with the westerly side of l53i*d Place; tbence westerly along tbe southerly side of Southern Parkway as tbe same bends, tbe following two distances 1352*41 feet and 1174.-71 feet to a point where the southerly side of Southern Parkway intersects tbe easterly side of Van Wyck Expressway; tbence southerly along tbe easterly side of Van Wyck Expressway on a curve to tbe left having a radius of 1212*00 feet; a central angle 16^ 55* 40*5'S & distance of 400.39. feet to a point; thence continuing southerly mlong the easterly side of Van Wyck Expressway on a curve to tbe left having a radius of 4512.00 feet; a central angle 7° 17' 15.4"* a distance of 573»89 feet to a point; tbence still southerly along easterly side of Van Wyck Expressway on a curve to the left, having a radius of 2012«00 feet; a central angle of 3° 15' 11*6'' a distance of 114*24 feet; thence westeriy on a atralght line along tbe south aide of Van vyck Expressway a distance of 238*12 feet to a point; tbence southerly on a curve to tbe right, haviisg a radius of 2324*00 feet; a central angle 3° 2|i |. 22.6'*, a distance of 138.17 feet to a point; thence easterly 96.00 feet to a point; thence southeasterly on a curve to tbe left having a radius of 593*00 feet a central angle 26^ 42' 5I*2'', a distance of 276*49 feet to a point; tbence southerly on a curve to tbe right, having a radius of 1526*00 feet; a central angle k^ 351 45*8**, a distance of 122;57 feet to a point; tbence continuing on a curve to the right, having a radius of 728*00 feet; a central angle 44^ 00' 13.2**,. a distance of 559*11 feet to a point; .tbence southwesterly on a straight line 153*60 feet to a point; tbence southeasterly at right angles or nearly so to the last mentioned course 168*00 feet to a point; tbence northeasterly at right angles or nearly so to last aentloned course 662.30 feet to a point; tbence northeasterly on a curve to the right baying a radius of 243*59 feet; a central angle 26^ 16> 01**, e distance of 111.67 feet to a point; thenoe northeasterly on a straight line 267.10 feet to a point; tbence in a generally northerly direction on a curve to tbe left, having a radius of 673*35 feet; a central angle. 48 11* 29*2** a distance of 566*35 feet to a point; tbence northerly on a straight line 654*62 feet to a point; tbence continuing northeasterly on a curve to tbe right having * T^ndiua of 1918*64 feet, e central angle 4^ 16> 52*1", a distance of 143*36 feet; tbence continuing eeaterly on a curve to tbe right having a radius of 394*38 feet;a central angle 52® 00« 31*1", a distance of 357*98 feet to a point; tbence still continuing easterly on a curve to the.right having a radius of 15224*42 feet; a central angle 2® 56* 57*2" a distance of 783.66 feet to a point; tbence still continuing eaaterly on a curve to tbe right, having a radius of 1130.14 feet; a central angle 9° ^9* •08*0" a distance of 196.96 feet to a point; thence continuing easterly on a straight line 462.33 feet to a point; tbence easterly -7-

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on a curve to tbe left, having a radius of 1050.00 feet; a central angle 13® 16* 44.«2'' a distance of 243*96 feet to a point; tbence northerly on.a straight line a distance of 661*44-fe^t to tbe point or place of beginning* It being intended to describe Damage Parcel No* 112 as shown on Section 2 of tbe Damage Map in tue Proceeding to acquire title to lands required for "Nessau Expressway*** PARCEL 2 BEGINNING at e point on the southerly side of Southern Psrkway where it intersects tbe westerly side of 124tb Street; . tbence westerly along tbe southerly side of Southern Parkway 121*44 feet to an angle point therein; tbence westerly still elong tbe southerly side of Southern Parkway on a curve to tbe right, having a radius of 1237*83 feet, a central angle of 32® 23* 11*5**> e distance of 699*69 feet to a point; tbence in a straight line still along tbe southerly side of Southern Parkway 3396*56 feet to a point; tbence still westerly along the southerly side of Southern Parkway, 106*64 feet to a point; tbence.southeasterly 101.46 feet to tbe southerly side of tbe premises herein described; thence easterly on a straight line 396*06 feet; tbence easterly on a curve to tbe right, having a radius of 1958*00 feet, a eentrcO. angle of 7® 07* 33*0*' a distance of 243«5l feet; tbence easterly.on a straight line 406*86 feet; tbence still easterly on a. curve to tbe left, having e radius of 2530.00 feet a central angle of ZZ^ 11« 38*7* a distance of 980*02 feet; tbence easterly on a straight line 543*78 feet to an angle point; thence still easterly on a straight line 100.33 feet to an angle point; tbence still easterly on a straight line 14^0.99 feet to a point; tbence still easterly on e curve to tbe left, having a radius of 4970*00 feet, a central angle of 6® 14* 22*9*^ a distance of 54I«25 feet to a point; tbence easterly on a straight Jllne 155*61 feet to a point; tbence essterly on a curve to tbe left, having a.radius of 530*00 feet, a.central angle of 23® 51' 46*3** a distance of 220.74 feet to a point; tbence easterly on a straight line 47^*01 feet to a point; thence still easterly on a curve to the left,'having a radius of 1520.00 feet, a central, angle of 12® I5t 28.4" a distance of 325*19 feet to tbe westerly side of 130tb Street; tbence northerly along tbe westerly side of 130tb Street 56*32 feet to its, intersection with tbe southerly side of 152nd Avenue; tbence westerly along 'Southerly side of l52nd Avenue 1560.00 feet to tbe westerly side of 124tb Street; tbence northerly at right angles to the last aentloned course 316*34 feet to tbe point or plaoe of beginning. It being intended to describe Damage Parcel No.68, 69,70 and 71 as abown on Section 1 of tbe Daaage Msp in tbe Proceeding to acquire title to tbe lends required for **NB8aeu Expressway".

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PARCEL 3 BEGINNING at a point on tbe southerly side of Southern Parkway where it intersects tbe easterly side of 134tb Street; tbence easterly along tbe southerly aide of southern Parkway in e straight line 139*18 feet to a point; tbence In a atraigbt line along tbe southerly side of Southern Parkway, said line deflecting 27® 56< 39*1" to the right 46*56 feet to a point of curvature; tbence on a curve to the right having a radius of 612.00 feet a oentral angle of 16® 16* 58*9'' a distance of 195*65 feet to a point; tbence continuing on a curve to tbe right having a radius of 2512*00 feet, a central angle of 9® 16' 50.O" a distance of 406*88 feet to a point; thence westerly in a straight line, s eld line deflecting 161® 06' 25" to tbe right 171*09 feet to a point; tbence In a straight line, said line deflecting 27^ 14.* 15*4" to tbe left 535*40 feet to a point on tbe easterly side of 134tb Street; tbence northerly along the easterly side of 134.tb Street 523»29 feet to tbe point or place of beginning. It being tbe.,intention to describe Damage Parcel No.lll as shown on Section I of tbe.Damage Map in tbe Proceeding to acquire title to tbe lands required for '"Nassau Expressway"* PARCEL 4 Portion of land from l50tb Street to vicinity of l83rd Road, exclusive of Parcel 7, shown cross-batcbed on Supplemental Map II-C* PARCEL 5

Portion of land from extension of New York Boulevard t o tbe extension of 228th S t r e e t , south of and adjoining Rockaway Boulevard, proposed for park use and shown dotted on Supplemental Map n - C . PARCEL 6
Portion of lend south of and adjoining Rockaway Boulevard from BrookviUe Boulevard westerly to a point 3,200 feet, more or leas, from BrookviUe Boulevard proposed for park use, ea shown dotted on Supplemental Map II-C. PARCEL 7 Triangular portion of land south of tbe southerly side of Rockaway Boulevard froa lS9tb Street to 147tb Avenue, north of tbe right-of-way line of Nassau Expressway, proposed for additional lands, as shown cross-hatched on Supplemental Map II-C* -9-

THE CITY OF NEW YORK
AND

THE PORT OF NEW YORK AUTHORITY

SEVENTH SUPPLEMENTAL AGREEMENT
WITH RESPECT TO

MUNICIPAL AIR TERMINALS

Dated December 2 \ .1965

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of December, 1965 between called "the City," and T H E Compact between the State* of Kew York and New Jersey widi the consent of Congress, Hereinafter called the "Port Authorit)-."
WtTKESSSTE;

SEVBKTB- 5D)>FL£UEKTAL ACKEEMEKT made as of the l2 / day T H E CITY or NEW YORK, a New York municipal corporation, hereinafter POST OF N E W Yosr AUTHOMTV, a body corporate and politic created by

WasftZAS, under date of April 17, 1947 the Oty and the Port Aothority entered into an Agreement With Respect to Municipal Air Terminals, (hereinafter referred to as the "OriginaJ Agreement"), providing for the improvement, development, operation and maintenance of John P. Kennedy International Airport and LaGuardia Airport by the Port Authority for a term commendag June 1, 1947 and expinog not later than May 31,199?; and W&EKEAS, under dates of May 26. 1949, November 7. 1952. May 28, 1956, November 6, 1958, October 3, 1960 and August 24, 1965, the Oty and the Fort Authority have duly amended, suppkmented and modified-said Original Agreement; and
WBEBXAS, the City and the Port Authority are agreed that increase in the annual rental payable to the Qty. commencing widi the calendar year 1965. will be in the public interest, and that the financing by the Port Authors^ of the costs of continued improvement, development, operation and maintenance of said airports will be facilitated by extension of the term of said Original Agreement;

Now, TBEREPOBE, the Gty and die Fort Authority hereby mtitnally undertake, promise and agree, each for itself and its successors and assigns, that said Origiiial Agreement shaU be snd it hereby is amended, supplemented and modified as follows: 1. D s m n n o K S a. Section 1 of tbe Original Agreement is hereby amended by striking ont die definitions ot "Gross operating revenne." "Net operating revenue," and "Annual net revenue" and by substituting the foUowing: "OuTcttt year." Tbe calendar year for which the rent is being computed. "Annual net revenue." The difference between: (a) tbe gross revemie of tibe current year; and (b) the sum of the foUowing: (1) operation and maintenance expense of the current year; (2) general and administrative expense of the current year; (3) imputed debt service of the current year. "Gross revenue." AU income and revenue of any nature whatsoever, derived by the Fort Authority, in any manner whatsoever* or from any source whatsoever, from or in connection with the operation of tiie munidpal air terminals, (indudmg, without limiting die generality of the foregoing, net earnings derived from die investment of municipal air terminal operating funds) except the proceeds of bonds and notes and interest earned on capital funds. "Operation and tnaintenance expense." Tbe expense of the Port Atitbority which is directiy attributable to the operation and maintenance of the municipal air terminals during the current year (other than the rent payable to the C t y by the Port Authority for the demised premises and genoal and admioistracive expense). No deduction, allowance or provision for dqffcriation, except for automotive equipment and equi|»nent ancillary thereto, is to be included in the operation and maintenance expense. '"General and administrative expense." A sum equal to fifteen (159&) percent of tbe operation and maintenance expense.

<1

1

"Imputed debt service." Tbe sum of: (a) the unamortized debt component (computed by multiplying the unamortized debt as of January 1 of the current year by Che amortixation factor for such year) and (b) the capital replacement component (computed by multiplying the value of the plant in service on January 1 of the current year by tbe replacement factor for the current year). Notwithstanding the method of computing the tmpitted debt service, as hereinabove defined, tbe capital replacement component shaU be omitted in computing the imputed debt service for the last current year (calendar year 2015) of the lease, and the actual amount of capital transferred to completed construction during the calendar year 2015, kss Federal aid received during the calendar year 2015, shall be used io lieu tiiereof. T h e unamortixed debt component." The product of: of the current year and (b) the amortization factor. (a) the unamortized debt as of January 1

"The capital replacement component" The product of (a) tbe vahae of tbe plant in service on January 1 of the current year and (b) the r^lacement factor. "Amortization factor." The appropriate annual factor to be applied to the imamortized debt as of the beginning of the current year-listed in Table I under the rate of current interest established for that year. "Replacement factor." The ^ipropriate replacement factor to be appUed to value of plant in service as of the beginning of the current year listed in Table II under the rate of current interest established for that year. 'IJnamortized debt as of January 1 of tbe current year 1965." $307,436,695. "Unamortized debt as of January 1 of each current year thereafter." The sum of:

(a) tbe difference between: (1) tbe unamortized debt as of January 1 of die calendar year immediately preceding the current year and (2) the amomit constituting tiie difference between (aa) the imputed debt service for such preceding calendar year and (bb) the interest for sucb preceding calendar year (computed by multiplying tiie unamortized debt as of January 1 of tiie preceding calendar year by tiie current interest rate for such preceding calendar year); and ( b ) the difference between the amount of capital transferred to conqileted construction in sudi preceding year and federal aid transferred to completed construction in sudi preceding year, "Current interest rate." The product (rounded off to the nearest eighth of one percent) arrived at by multiplying the average of tiie weekly indices as reported in tbe "Daily Bond Buyer" under their "20 Bond Index" during the calendar year preceding the current year by the appropriate factor indicated below:
KaimgofPort Authority Bends (Mood'/t) ReimffofPert Antheriiy Bonds fSttmdard6'Poor's) Potior

Aa A
Baa

AA A BBB

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IM Ul

T h e average of the weekly indices wiU be rounded off to tbe nearest .01. If the average before rounding happens to fall at the exact midpoint between two successive l/lOO's, it sball be rounded down on the first such occurrence, then up and down alternately on successive occurrences. Sisdlarly. should the product of the average index and the appr^mate factor result in a nrnnber at the exact midpoint between two successive eightiis of one percent, it shall be rounded down on die first such occurrence, then op and down alternately on successive occurrences.

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"Rating of Port Authority bonds" shall be the lower rating of the munidpal bond ratings su; pUed by "Moody's Investors Service I n c " or "Standard & Poor's Corp." of those Port Authority bond issues (other than Port Authority bonds guaranteed by any other government body) for whi;^ th? Port Authority received and accepted bids during the calendar year preceding the current year. If the bond issues sold during that year do not all have the same rating, then the factor to be used shall be the average (rounded to tiie nearest .01) of the factors corresponding to the rating of said bond issues at the time of acceptance of bids, weighted in accordance with the prindpal amounts of said boud issues. In tiie event tiiat there are no bond issues in the calendar year precedmg the current year, then the rating of bond issues of the last previous calendar year prior thereto in which the Port Authority received and accepted bids on any bond issue shall be deemed the rating of the bond issues during tbe calendar year preceding tiie current year. In the event that the "Daily Bond Buyer" or thdr "20 Bond Index" or "Moody's Investors Service. I n c " or "Standard and Poor's Corp." or the rating of Port Authority bonds by said Moody's Investors Service, I n c or Standard and Poor's Corp. shaU be discontinued during the term of this agreement, a oompaiable substitute for sudi discontinued dement shall be mutually agreed upon in writing by the City and the Port Authority within thirty (30) days after such discontinuance In tiie event that the parties shaU fail to agree upon such a substitute within the time hereinabove spedfied, &e question shall be submitted to three experts in this fidd recommended by tbe American Arbitration Association and selected as follows: each of the parties to this agreement, withm thirty (30) days after the expiration of tiie period hereinabove specified for reaching agreement upon a substitute for s n d disoontmaed element, shalf designate one such expert lecoujuended by the American Arbitration Association and the two expeits tiius chosen shaU, within fifteen (15) days after botii have been designated, designate a third expert having tbe recommendation of such Association. The determination of a majority of said three experts shaB be final and binding npon the parties hereto and the parties hereto agree to be bound by such determination provided that such determination shall be made in writing within forty-five (45) days next after the submission to them of the question, or on or bdore any later date to which tiie said experts, by any writing signed by a majority of them shall enlarge thft time for ira^ng sudi determination. "The value of tiie plant in service as of January 1 of the cunent year 1965." $414,067,129. "The value of tbe plant in service as of January 1 of each current year after 1965." The sum of: (a) the value of the plant in service on January 1 of the calendar year hnmediately preceding the current year; and (b) the difference betweeo the capital amount of transfers to completed construction in the year immediatdy preceding the current year and the capital expenditures rdated to the properties retired during sndi preceding year. As used in this lease, the term "plant in service" shaU not indudc automotive equipment or equipment ancillary tiaereto. b. Section 1 of tiie Original Agreement is hereby further amended by striking out of the definition of "Bonds issued for municipal air tenninal purposes" the following sentence; *Tbe proceeds of such bonds shaU be used solely for such purposes." 2.
TBU

a. Tbe first paragraph of Section 3 of the Original Agreement is herdiy amended to read as follows: "Tbe term for which the demised premises are leased shall commence on the 1st day of June, 1947, subject to the provisions hereinafter set forth in Section 12, and shall expire on tiie 3l8t day of December, 2015."

V

b. The second paragraph of Section 3 of the Original Agreement is hereby amended by striking It out in its entirety and inserting in place thereof, the foUowing: "Notwithstanding any other prorision of this Seventh Supplemental Agreement or of the Original Agreement, as amended, supplemented or modified, the Port Authority shall not pledge any revenues of the munidpal air terminals, or any part thereof, derivable at any time after the end of the lease term or sooner termfaiation tiiereof (other than revenues accruing prior to the end of the lease term or sooner termixuition thereof), as security for the repayment of prindpal or interest, or of any part thereof, on any bonds of the Port Authority issued for munidpal air terminal purposes or any otber purposes, nor shall any such bonds of the Port Atitbority or any provision thereof affect m any manner whatsoever or grant any right whatsoever to or in the munidpal air terminals or thdr operation, maintenance or revenues for or during any period after the end of the lease term or sooner termination thereof." c The third paragraph of Section 3 of the Original Agreement is hereby amended bj- striking ont tiie foUowing words: "depredation, obsolescence, ordinary wear and tear excepted,"
3. RETT
• 4

Section 4 of the Original Agreement is amended by striking that Section out in its entirety and by substituting therefor the foUowing:
"RENTS

Tbe annual rent which the P o n Authority shall pay to the O t y for each current year from January 1, 1965 until the end of the term herein provided shaU be as foUows: A. Guarantied Annuai Rtnt The guaranteed armual rent for each sudi year shall be tbe amount of: $2,037,000 for the years 1965 tiirough 1984; $3,094,000 for the years 1985 tiirough 1997; $3,500,000 for tiie years 1998 tiirough 2015. B. Additional Payment The Port Authority shaU pay to the Oty. as additional rent for each such year the amount, if any. by whtdi the guaranteed annual rent for such }*ear is exceeded by the percentage of annual net revenue for such year indicated on the schedule bebw: 1965 tiirough 1974 50^ 1975 tiirough 1984 60^ 1985 tiirough 2015 75% The guaranteed annual rem for eadi such current }'ear as specified in Paragraph A above shaU be due and payable to the Gty on or before January 31 of such current year. The additional payment, if any, which may be due for each such current )*ear. pursuant to tbe provisions of Paragraph B above, shall be doe and payable to the City on or before March 31 of tbe calendar year foUowing such current year. On or btfore Mardi 31 of eadi calendar year the Port Authority shall furnish to the Qty a statement of the annual net revenue of the munidpal air terminals for the current year preceding such calendar year. Such statement shall be a complete report of the foUowing: (a) An itemized statement of gross revenue by sources for sueh cuiieui year, together with a schedule of any items exdudable under the terms of the lease (b) Ao itemized statement of operation and maintenance expenses for such current year listed J ^ activity accounts. j^eJL'

^

(c) An itemized statement of the imputed debt service for such current year which ihall indudc: 1. A schedule of individual properties and costs thereof comprising plant placed in and plant retired during the year immediatdy preceding such current year; and
SI.-Y;C.

2. A detailed computation of the unamortized debt component and the capital replacement component for such curtcnt year. Tbe guaranteed annual rent for the current year 1965 shall be paid upon the date of execution of this agreement. The additional payment for such year shall be due and payable on or before March 31, 1966. The additional payment for the current year 2015 shall be due and payable on or before March 31, 2016. No breach of any covenant, term or condition m this agreement shall excuse the Port Authority from the prompt paj-ment of the rent herein reserved provided, however, in the event the Port Authority, under any law that may hereafter be enacted or applied, shaU be or become subject to and liable for payment to the Gty of any taxes, assessments or governmental levies or imposts (except charges for water and for tiie use of the sewer system pursuant to Section 13 of the Original Agreement as herein amended and Section 14 of the Origins! Agreement) upon or against the demised premises or upon any part or parts thereof, then the payment by the Port Authority of tbe amount of such taxes, assessments, levies or imposts (except those imposed on sublessees or tenants for which the Port Authority, by agreement witii such sublessees or tenants, assumes the obUgation to pay) shall, as between tiie City and the Port Authority, be deemed payment pro tanto of the rent herein reserved, and the amount of sucb payments shall be treated as a cumulative credit against rent otherwise payable hereunder." 4. RsTAzas a. Section 5 of the Original Agreement is amended by striking out the following words: ", ordinary wear and tear excepted" b. Section 5 of the Original Agreement is further amended by adding tiie foUowing sentence at the end thereof: "In the event the premises or any buUding, structures or improvements thereon or any part thereof at the end of the lease term or sooner termination are in a state of disrepair resulting from the foUtut of the Port Authority to repair, maintain or paint said premises, building, strurtures or improvements during said term, then in that event tiie Port Authority shaU be required to suffidentiy repair, paint or place the prenuses in good order or condition as though all of such work had been properly done during such tena." 5. AccoThrrs Section 8 of the Original Agreement is amended by striking that section out in its entirety and substituting therefor tbe {oUo^ving: "Tbe Port A ^ o r i t y shall keep, in a manner consistent with accepted accotmting practice, complete records and accounts in regard to the operation, maintenance and construction or other capital development, and of aU gross revenues and expenses, of the Munidpal Air Tenninals; and fuU and coinplete details of tbe costs of aU properties transferred to and retired from plant in service and shaU aUow the Gty or any duly authorized representative of the Qty. at all reasonable times, to exawine said records and accounts, also to examine aU contracts and agreements relating to-coiistniction, maintenance and operation and all leases or agreements now or hereafter made with any and aU tenants, occupants and users thereof, and such other documents as reasonably may be requir^'by the City for the purposes of verifying, if it shaU so desire, the statement or statements of anniialnet revenue herein required to be furnished by the Port Authority. 5

,<;

Ex.1
For tbis purpose tbe Port Authority shaU make available agreement and lease files, and records reflecting any adjustments to accounts, and audit reports made by the internal auditors . of the Port Authority or by outside at'countants retained by the Port Authority or by consultants, relating to or verifying the factors of revenue, expense and imputed debt service which enter into the computation of rent under this lease. AU accotmting records now separately maintained for the Munidpal Air Tenninals shall contfaiue to be separately maint^ned and all Munidpal Air Terminals records now incorporated with other Port Authority records shall, whenever feasible, be separatdy grouped and summarized within those Port Authority records and coded for ready identification. AH accounting records maintained by tbe Port Authority bearing on allocations and prorations of operation and maintenance expense to the Munidpal Air Terminals shaU be made avaUable to tbe Gty or any duly authorised representative of tiie Gty."
6. SEWEB AND OTHEK RIGHTS RESESVEP TO TBX CITY

Section 13 of the Original Agreement is amended by adding at tbe iend of sudi Section the foUowing paragraph: "The Port Authority shaU pay to the Gty the amount of aU sewer rents and sewer surcharges prescribed by or pursuant to the provisions of Administrative Code | § 683a(4)-9.0 and 687-1.0, for use of the sewer system by the demised premises. 7. Section 39 of the Original Agreement is hereby stricken out in its entirety. 8. This Seventh Supplemental Agreement shaU be effective as of January 1, 1965. 9. The City agrees to waive and hereby does waive any claim which it may have against the Authority under Section 4 of the Original Agreement with respect to the period prior to December 31, 1964. It is further agreed that the payments heretofore made by the Port Authority to the City constitute fuU payment of the obligation of tbe Port Authority to the Cit>* under Section 4 of the Original Agreement for tbe period prior to December 31,1964. I N WrrKsss WBEaEOF, the City has caxised its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its flavor; and the Port Authority has caused its corporate seal to be hereunto affixed and duly attest«l and this Agreement to be signed by its Executive Director, the day and year first above written.
.ATTEST; ^ T I M

Ciiiut Hi^iiyuu.
.*?VA^^Jtrr»w.

OtyClerk
ATTEST:

Majror T s f i ^ o s T or NEW Yonx AvTHoanY

ivelHnabr Approved as to Fonu:

y^cHtiB

...,^.M^.
Corporation Counsd

.,^r:U^.C..^llL.^.
Gcaffral Awnnify

>?^y

Ex.1
STATE or NEW YOSK J

CouKTY OF NEW Yoax On the *^» day of December, 1965, before me came Austin T. Tobin, to me known, viio, bdng by me duly sworn, did depose and say that be retides at , that he is the Executive Director of The Port of New York Authority, tbe corporation described in, and which executed the foregoing instrument; that be knows tbe seal of said corporation; that it was so affixed by order of the Commissioners of said corporation; and that be signed his name thereto by like order.

(SEAL)

Ci>. ^ ^ *V
CATHERtNC A. Z A r P A R A N O Notary PubUc Slita et N»w York Ne. 4 \ - 4 V 6 3 n QiMltlmJ in QwMBi County Ceowiittiefi L v i r v i Mirdi 30,196^

STATE OT N E W

YoaK

)
j

CotjKTV OP N E W YOEB

O n t i i i s ^ - I ^ day of December, 1965 before me personaUy came HP»0-fA*/ w:-*T'i, ^ with whom I am personaUy acquainted, and known to me to be the City Qerk of Tbe Gtv of New York, who being by me duly sworn, did depose and say that he resides at in tbe B o r o u ^ of ft o-bJUdd-**^ , Qty of New York; that he is tite Gty Gerk of The Gty of New York, tbe corporation described in and whidi executed the foregoing instrument; that he knows the seal of said corporation; that the seal afi^ed to said instrument is such corporation seal; tiiat it was so affixed as provided by law, and that he signed bis name thereto as Gty Qerk by like authority, and further, that he knows and is acquainted with Robert P. Wagner, and knows him to be tbe person described in and who. as Mayor of Tbe Gty of New York, executed the said instrument; that be saw bim subscribe, execute and deliver the same, and that he acknowledged to him, the said f t ^ r ^ A * / ^ - 1 % that he executed and delivered the same, and be, the said n ^ ^ A f ^ I C A ^ thereupon subscribed his name thereto.

(SKAL)

/

^ /
JOSfPM A. FAMiLi C ^ J - r t * fl!«d .n (.:,w rorli Co.r«l, WWWwittn £x:ire: .'^^ch / / I M -7

'Otf

TABLE I : Determme the current interest rate established for the current year. "Leasehold Term Remaining" is the unexpired term of the lease from January 1 of the current year. The appropriate equal annual factor to be appUed to the unamortized debt as of the beginning of that year is shown under the rate of current interest established for that year on tbe Une cortesponding to the "Leasehold Term Remaining."
INSTRUCTIONS

'Ol

Page 1 of 4 TABLE 1 Factors for Unaaottbcd Debt Component of Imputed Debt Service
Ltasikotd Rsn^ina 51 50 49 48 47 46 45 44 43
42 .'"

Amortisotion Factor Vndtr "Current Intrrtsf Ratts of: 2^% .03491 M526 Sasa J13601 .03W1 .03683 .03727 .03773 ,03822
4B873

2H% J03S80 A9614 .03651 .03688 J3738 .03770 .03813 «859 .03907
.039S8

2^% JDSSTO .03704 .03740 ia777 .03816 .03857 .03901 .03946 .03994
iM044

/K^ JJ?« 4W795 J03830 .03867 J3906 JOSm .03989 .04034 JMX36\
.04131

41 40 39 38 37 36 35 34 33
32

','.',',

;

J)39P J)3984 .04044 JM107 .04174 i>4245 MSil .04401 .04486
.04577

JH012 .04068 JM127 J04190 .04257 .04328 .04403 .04482 .04567
W6S8

.04097 .04155 J>4212 .04275 .04341 .04411 .04486 .04565 .04649
.04739

.04184 .04239 XM298 JM360 J>4426 .04495 .04569 .04648 .04732
.04822

31 30 29 28 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 M 10 9 8 7 6 5
4

i>4674 i>4778 J>4889 J)S009 i)5138 JIS277 .05428 JIS591 J15770 .05965 .06179 i)6415 i)6676 il6967 .07293 .07660 • 4)8077 4J8S54 4»I05 .09749 a0511 J1426 02546 43947 45750 J81SS .21525
.26582

.04754 SMS6 .04969 Jk5088 A5216 J5355 J15505 .05669 .05847 JI6041 .06255 .06491 .06752 .07042 .07368 .07735 JJ8151 J08628 4W179 J9823 40584 J1500 42620 44021 .15825 48231 .21602
.26662

J04835 .04938 .05049 J)5168 415296 X54S4 J)55B4 J0S747 M92A .06119 J>6332 J>6567 .06828 XJ7I18 .07443 JOTSiO .08226 418702 4)9253 .09897 .10659 ai574 42694 .14096 45900 48307 ' .21680
J26742

.04917 .05020 .05130 .05248 J0S376 .05514 J)5663 JD5S26 MOOi il6I96 .06409 AS644 XI6904 .07194 X7S19 .07885 X8301 .08777 .09328 J>9m .10733 .11648 .12769 ,14171 45975 .18383 .21758
26822

3 2 1

J5014 J1883 1412500

J5098 iI977 14C625

JS183 .52072 1.02750

45268 .52166 1.02875

r«^/

Page 2 of 4

TABLE I
(C«ailBaed) iMsshold Tsr»
JZMUMMff

^ ^
A3853 413887 413921 ^ 4)3958 .03996 4)4036 .04079 4)4123 4)4170 4)4219 4)4271 4M326 .04384 .04446 4M5U 4M580 4)4654 ' .04732 4)4816 .04905 4)5000 415102 4)5211 .05329 4)5456 4)5594 .05743 4)5905 .06081 .66275 4)6487 .06722 4)6981 4)7271 4)7593 4)7961 • 4)3947 4)3979 4)4014 4)4050 4)4087 J04127 4)4169 4)4213 4)4259 4)4308 4)4360 4)4414 .04472 M533 4)4597 .04666 4)4739 .04817 .04900 .04988 .05083 .05185 .05294 4)5411 .05538 .05675 415823 .0S985 4)6161 4)6354 4)6566 4)6800 4)7059 417348 .07672 418037 .QB4S3 .08928 .09478 40121 40883 41798 42918 44321 .16126 48536 .21913 J6983 J543& J23S6 14)3125

51 49 48 ; 47 46

f:

43

40 39 38 37 35 34

31 X 29 28

:

r

25

22 21

18 17

xaan
4)9403 40046 40808 41723 42843 .14246 46051 4M0 .21835 .26903 .35353 i2261 14)3000

7

2

JM?6 .04041 .04073 .04107 .04142 4)4180 , 4M219 4)4260 ..04304 , 4)4349 4M398 4)4449 4)4.503 4)4560 .04620 4)4685 4)47S3 .04825 4M903 4)4985 4)5073 .05167 4)5268 .05377 4)5494 4)5620 4)5756 4)5904 . ,06065 .06241 . 4)64.U .06644 4)6878 4)7137 4)7425 4)7749 418114 4)8529 .09004 4)9554 40197 .10958 41873 42994 44396 .16202 48613 J1992 .27064 .35523 .52450 U3250

^ ^ .04136 4)4168 4)4201 4)4236 .04273 .043U 4)4352 4)4395 4)4441 4>4488 .04539 .04592 .04649 4)4709 .04773 4)4840 .04912 4)4989 4)5071 .05158 -.05252 4)5352 4)5460 4)5577 415702 4)5838 .05985 4)6146 .06321 .06513 .06724 4)6957 417215 4)7503 .07826 4)8191 418606 .09080 .09630 40272 41033 41949 43069 44472 46278 48690 MUJO .27144 .35608 .52545 14)3375

.04232 .04263 .04296 .04331 .04367 ,04405 4)4445 .04488 .04533 .04580 4»4630 4)4683 .04739 .04798 .04861 4M928 .05000 .05076 4)5157 .05244 .05337 4)5437 4)5545 .05660 .05785 ,05921 .060^ 4)6227 .06402 .06593 .06804 .07036 .07294 .07582 .07901 .08268 .08683 4)9157 4)9706 40348 41109 42024 43145 ,14548 .16354 48767 .22148 .27225 4S693 J2640 1.03500

/?/''

Page 3 of4

TABLE I
Lsasskold Ttrm Rsmeiaino

(CoBtiBuad) .04427 4)4457 4)4489 .04523 4)4558 .04595 .04634 .04675 4)4719 4)4765 4)4814 .04866 4)4921 .04979 4)5041 4)5107 4)5177 ,05252 4)5332 .05418 .05510 4)5609 4)5715 .05830 4)5953 .06087 .06233 416392 4)6565 .06756 4)6965 4)7196 4)7453 417740 .08061 .08424 .08838 4)9311 .09860 40501 41262 42176 43297 .14700 .16507 .18921 .22305 .27387 J5864 i2830 14)3750 .04526 .04556 4)4587 . .04620 .04655 .04691 4)4730 4)4771 .04814 .04859 .04908 4)4959 .05013 .05071 .05132 4)5198 4)5267 41S342 4)5421 4)5506 .05597 4)5696 .OSRfll 4)5915 .06038 . 4)6172 4)6317 X647S .06648 4)6837 .07046 417277 .07SS3 4^19 .08140 4)8W1 418916 .09389 .09937 40379 .11338 .12252 .13373 44776 46584 JB999 .22384 .27468 J5949 .52925 14)3875 4)4626 4)4655 .04686 4)4718 4K7S2 .04788 4)4826 4)4866 4)4909 4)4954 4)5002 4)5052 415106 4)5163 4)5224 4)5289 4IS3S8 .05431 4)5510 415595 4)5686 4)5783 4)5888 4)6001 .06124 .06257 4)6401 4)6559 .06731 .06920 417128 4)7358 .07614 .07899 4)8220 4)8582 418994 419467 40014 J0655 41415 ,^7P9 43449 44853 46661 49076 .22463 27549 .36035 .53020 14K000

49 46

.W392 .04329 .04426 M46i

.wsoo
4)4539 X4S81 .04625 4)467? .04722 .04774 J)4829 4>4S88 4)4951 415017 415088 415164 415244 4)5331 4)5423 4)5523 415629 415745 .05869 4)6004 .06150 4)6309 .06483 .06674 X6884 4)7116 .07373 .07660 .07983 4)8346 4)8760 .09234 4)9783 J0425 41185 42100 43220 44624 46431 48844 .22227 .27306 JS779 J27S5 14)3625

32 30

6 4

?//

P«se4ef4 TABLE I

Ltasshotd

Ttrm
Romobttna 51 SO 49 47 46 45 42 40 39 38 37 36 35 34 33 32 31 29 28 27 26 25 24 23 22

(CeatiBttW) ^ ^ 4)4828 4)4856 4)4686 4)4917 4)4950 4)4985 ,05022 4)5061 4)5102 J0S146 J05192 4)5242

^?6
4)4930 4)4958 4)4987 4)5017 4)5050 4)5084 415121 4)5159 415200 4)5243 4)5289 .05338 .05390 .05445 415504 4)5567 4)5634 4)5705 4)5782 4)5865 4)5954 4)6049 416152 4)6263 4)6384 X6515 4)6657 .06813 . X6983 417170 4)7376 .07605 4r78S8 4)8142 .08461 4)8821 4)9232 .09703 - 4QZ49 40R8R 41647 42560 43680 45084 J6893 49310 22700 .27793 46292 .53305 14)4375 X5033 .05060 X5089 4)5119 4)5151 4)5184 .0S220 415258 415298 4)5341 4)5386 4)5434 Jt5486 4)5540 4)5598 .05661 4)5727 4)5798 415874 4)5956 4)6044 4)6139 .06241 n*«57 4)6472 .06602 4)6744 4)6899 .07068 4)7255 .07460 4)768& .07941 .08224 4)8542 418902 4)9311 4)9782 40328 40967 41725 .12638 .13757 45161 .16970 49388 22779 27874 46377 .53400 14)4500

4)4785 4)4726 4)4817 4)4886 4)4924 .04963 JISQSO 415097 415147 ^0200 4)525<( 4)5316 4)5381 4)5449 ^522 415600
.Q!t6fM-

josm
.05350 4)5410 4)5473 .05541 .05613 .05691 .05774 ,05864 .05960 06061 .06175 4)6297 416428 416571 4)6728 416899 417086 417293 4I7S22 4)7776 .08061 4A380 .08741 4)9152 4)9624 40170 40810 41569 42483 .13603 45006 46815 4A232 J22fi21 J7712 46206

4)5774 415871 4)5975 416088 :0621O .06342 .06486 J)6643 ,06814

4)7440 4)7695 18 17 15 14 12 4)8300 .09073 4)9545 .10092 40733 43526 44930 46738 49154 J2542 ,27630 46120 J3115

8 7 ........ 4 3

.ssno
14)4250

.?;ii

If the current interest rate established for a current year is outside of the 2yiAyi% range* then tbe equal annual factor for sudi year ( 1 ) can be computed by the following fonnnla; |-n

=

Ki ; where

a 771

I

I —AT '^

N = Leasehold Term Remaining from January 1 of the current year; i = Current interest rate established for that year; and 1
V =:

1 +i
The equal annual factors ^)peartng in the foregoing table were computed by the epp&axioa of this formula. These factors shall be subject to verification eadi year.

ir

i3

TABLE n iHsraucnoNS: Determine the current interest rate established for the current year. "Leasehold Term Remaining" is the unexpired term of the lease from January 1 of the current year. The appropriate replacement factor to be applied to the value of the plant in service as of the beginning of that year is shown under the rate of current interest established for that year on the line corresponding to the "Leasehold Term Remaining."

Page 1 of 4 TABLE B Factors for Capita] Replaeemeftt Component of Imputed Debt Serriee
Rtptoctmtni Factor V^^dtr "Currtnl InttrtsT' Roits of: LoastkoU Ttrm Rsplatsmnt Rett j»S72 ^ ^ 413350 4)3450 .03547 .03642 4)3732 4)3817 4)3896 4)3968 4)4033 4)4090 4)4138 4)4177 4)4207 .04228 4)4240 4)4244 .04239 44227 4)4209 4)4185 44157 4)4125 44092 .04058 .04025 43993 43964 43938 4)3917 43900 43888 .03881 43878 43881 43888 43899 43913 43930 43949 ' 43969 45990 4)4011 .04031 4)4050 44067 44083 .04097 44109 44118 44125 44130

4)1437 44 43 40 39 38 37 36 35 34 33 32 31 30 28 27 26 24 . , . ; 23 22 19 18 17 16 14 4)3649 « 10 9 8 6 4 2 4)3999 .04015 413713 4)3753 4)3838 4)3917 413950 i 411970 4122m nZ5M 4)2817 4)3361

.04238

JM677 M670 ,04500 M198 X3988 413894 il3688 ,03629

413361 .03458 .01554 ,03646 4)3735 4)3818 4)3895 .03966 .04030 4)4085 4)4132 4)4170 4)4200 4)4220 4)4232 .04235 4)4230 ;04218 4)4200' 4M177 .04149 4)4118 4)4085 4)4052 4)4019 4)3988 4)3959 4)3934 4)3912 .03895 JXSfSA

sxssn sssai ssssn

42339 43441 43541 .03637 43729 .03816 43897 43971 44037 44095 44144 44184 44215 44236 44249 44252 44248 4)4236 4)4217 4)4193 .04165 .04133 44099 44065 .04031 .03999 43969 4)3943 4)3921 43904 4)3892 .03885 rm^'i. .03892 4)3903 43917

4U884 4)3895 413909 4)3926 4)3945 43965 413986 4)4006 4)4026 4)4045 .04063 4)4078 4)4092 .04104 4)41U .04120 4)4125

43^
43953 43974 .03995 4)4015 44036 44055 4)4072 4)4088 44102 4)4114 4)4123 .04130 44135

I

Pave2of4 TABLE B

Loastkold Ttrm Rtm^Khte 51

32

23

43328 43433 43534 43632 43726 43815 4)3897 43973 44040 44100 44150 44191 44222 44244 442S7 44261 .04^ 44244 44226 4K201 44173 44140 44106 44072 44037 44005 4)3973 43948 4)3926 43908 43896 43888 4)3886

.18

.avn9
43896 4)3907 . 43921 43939 43958 4)3978 4)3999 44020 4)4040 .04059 44077 44QM 44107 44119 44128 44135 44140

tf 3
2

& 43317 43423 43527 43627 43723 43814 43898 43973 41044 4M104 . .04156 44198 44230 44253 44266 4)4270 44265 44253 4(234 44210 44180 44148 441U 44078 44043 44010 43980 43»3 43930 439U 43900 4)3892 .03890 43893 43900 43911 43925 43943 43962 43982 44003 44024 44045 44064 44082 4M098 44112 44124 44133 44140 44145

W3&
43306 41414 4)3530 43622 .03720 438U 43898 JD397? 44047 44109 44162 44204 44237 44261 44274 .04278 44274 44262 44243 4C16 44188 44155 44120 44085 44049 44016 43985 43958 ,03935 43917 .03904 43896 43894 43897 43904 43915 43929 43947 43966 43987 44008 44029 44050 44069 44087 44103 44117 44139 44138 4M145 44150 43295 43405 43512 43617 43717 43811 43898 413979 44051 44114 44167 44211 44245 44269 44283 44287 44283 44271 44251 44226 44196 44163 44127 44091 44056 44022 43990 43»S3 43940 43921 43908 43900 . 43898 43900 43908 43919 43933 43951 43970 43991 44012 44034 44054 44074 44092 44108 44122 44134 44143 44150 44155 43283 43395 43505 43611 43713 43809 43899 43981 44054 44118 44173 44218 44252 44277 44291 44296 44292 4)4279 44260 44235 44204 44170 44135 44098 44062 44027 43996 43968 43944 43926 43912 :. 43904 43902 43904 4)3911 43923 4)3937 43955 .03975 43995 4)4017 4)4038 44059 4)4078 4)4096 4)4113 44127 4)4138 44148 44155 44160

.

;r/.

Pofe 3 of 4 TABLE n
(CoatiBUcd) Ltostheld Ttrm

J£l£
4302 43386 43498 43606 43710 43808 43899 43982 44057 44123 . 44179 4(225 44260 44285 44300 44305 44301 44288 44269 .0(243 J04ZtZ 44178 44142 44105 44068 44033 44001 43973 43949 43930 43916 43908 .03906 43908 43915 4)3927 43941 43959 4)3979 44000 44021 44043 44064 44083 44101 44117 44132 44143 44153 44160 44166

m^
43260 43376 43490 .03601 .03706 43806 .03899 43984 44060 44127 44185 44231 44267 44293 4M308 44313 44309 44297 44277 44251 .04220 44186 44149 44111 44074 .04039 44006

SHf!
43248 43367 43(83 43595 43703 43804 43899 43986 44064 44132 .04190 44238 44275 44301 4U17 44322 44318 44306 44286 44260 44228 44193 44156 44118 44080 44044 .04012 4S9B2 4958 4399 43925 4916 43913 4916 43923 43935 43949 43967 . 43987 44008 4)4030 44052 44073 .04093 44111 44127 44141 44153 44163 44170 44176

SH%
43237 43357 43475 43589 43699 43802 .03899 43987 44067 44136 44196 44244 44282 44309 44325 44331 44327 44315 44295 44268 44236 44201 44163 44125 .04086 .04050 44017 43987 4S962 43943 43929 43920 43917 413920 43927 43938 4953 4)3971 .03991 44013 44035 4)4056 44077 44097 44116 44132 44146 44158 44168 44175 44181

51 . . . 50 . . . 49 . . . 48 . . . 47 . . . 46 . . . 45 . . . 44 . . . 43 . . . 42 . . . 41 . . . 40 . . . 39 . . . 38 . . . 37 . . . 36 . . . 35 . . . 34 . . . 33 : . . 32 . . . 31 . . . 50 , . . 29 . . . 28 . . . 27 . . . 26 . . . 25 . . . 34 . . . 23 . . . 22 . . . 21 . . . 20 . . . 19 . . . 18 . . . 17 . . . 16 . . . 15 . . . M .. . 13 . . . 12 . . . 11 . . . 10 . . . 9 .. . 8 .. . 7 .. . 6 .. . 5 .. . 4 .. . 5 .. . 2 .. . 1 .. .

4977 4953 ,03934 43920 43912 43910 43912 4919 .0931 43945 43963
4)3983 44004 44026 44047 44068 4)4088 44106 44122 44137 .04148 44158 44165 44171

)f

Paga 4 of 4

TABLE fl
(CoattsMd)

LeoiAoU Ttrm Rtmaiuina 51 49 48 4/6 45 44 43 42 4] , 40 9 ,.; 38 37 36 35 34 33 * . . . . . . . . . . 32 31 30 29 28 27 26 25 24 23 22 20 19 18 17 •-, 16 U 14 13 12 11 9 8 7 4 3 2

433S 4330 43467 43584 43695 43800 43899 439S9 44070 44141 44201 44251 44289 44317 44334 4)4340 44336 44324 4)4303 '44376 44244 44309 44170 44131 44093 44056 44022 4)39S2 43967 43947 43933 43934 4)3921 43934 43931' 4S»e 439S7 43975 43996 44017 4409 44061 44082 44103 44121

432U 43S37 43459 43578 43691 43798 JUSHVA

44ir

44X51 44163 44X73 44180 44186

43990 44073 44145 . 44307 44257 44297 44325 44342 44948 44345 44332 44312 44285 44253 44216 44178 44X38 44099 44062 44028 43997 43973 439S2 43937 43928 4)3925 4)3927 43935 43946 43961 43980 44000 44021 440O 44065 440S7 44107 44125 44142 44156 44168 44178 44185 44191

43201 43328 43452 43572 43687 43796 43898 43991 44075 44149 442U 44264 4)4304 44333 44350 44357 44354 44341 44321 44393 44261 44224 44185 44145 44105 44068 4)4033 44002 43976 4956 43941 43932 4)3929 43931 4399 4950 43965 43984 44004 44026 44048 44070 44091 44112 4>4t30 44147 44161 44173 44183 44190 44196

43189 43317 43444 43566 MM
437M 43898 43993 44078 44X53 44218 4)4270 44311 44341 4)4359 44366 44363 44350 44329 44302 44269 4)4232 44193 44151 441XX 44073 4)4038 44007 43981 43960 43943 .03936 43933 4)3935 43M2 43954 43969 43988 MOK

43177 43307 4)3436 43560 4309 4)3792 43897 4B9M 44081 4415S 44223 44277 44319 44349 4430 44375 4)4371 4)4359 44338 4)4310 4)4277 4429 4)4199 44158 44118 4)4079 4)4044 44012 43986 43965 4)3950
413940 43937

4399 43946 4938 4973 4)4012 4)4034
4)4057 4)4079 44101 4)4121 4)4140 4)4157 44171 4)41&3 04103 44201 44206

,04030 4)4052 44075 44096 4M116 44135 ' 44X52 44166 44178 44188 44196 44201

J^J^C

If the current interest rate established for a current year is outside of the 2yiA}i% range, tiien the replacement factor for such year ( F y ) can be computed by the foUowing formula:

F,.-

g C^i)(vf''

J L

JIZ^^^¥*^

I where

y i

=s Current year of lease (For example, January 1.1965 through December 31, 1965=l.etc): s Current interest rate established for that year;

Rj = Replacement rate for that year (The replaoement rate for a current ^ r is the replacement rate shown alongside the "Leasehold Term Renminmg" figure measured from January 1 of any sucb year. For example, tbe repEcement rate for 1965 = .00572}; M =:51;and.

I
v =

1+ i

The replacement factors appearing in the foregoitig table were computed by the application of this formula. These factors shaD be subject to verification each year.

ii

.. \ : '

CITY OF NEW YOK.-. BOARD OF ESTIMATE BUREAU OF SECRETARY

^CayO) J A N 7 i...: DEFERRED CALENDAR
TKE ClXy OP NEW YORK and THE PORT OF NEW YORK AUTHORITy CITY OF NEV/ YORK BOARD. OF ESTIMATE BUREAU OF SECRETARY t m 131959

REFERRE Reg. No.

LENDAR Vol. 141

^r,i 339w 44

EIGHTH SUPPLEMENTAL AGREEMENT •v.'ith r e s p e c t t o MUNICIPAL AIR TERMINALS

Dated:

DeceiTiber 12, 196^

AGREEMENT (hereinafter referred to as "Eighth" Supplemental Agreement") made as of this 12th December day of

, 1966, by and between THE CITiT OF NEW YORK, a

municipal corporation of the Borough of Manhattan, City of ' New York (hereinafter referred to as the "City") and THE PORT OF NEW YORK AUTHORITY, a body corporate and politic created by Compact between the States of New York and New Jersey with the consent of Congress, with its office at 111 Eighth Avenue, Borough of Manhattan, City of New York (hereinafter referred to as the ''Port Authority"), WITNESSETH, TJiat:

REEL Oo9?Afif :t'/ -/w./rAbt 4 5

WHEREAS, the parties hereto under date of April 17, ^^CX/" ^9
-A,

I9A7, have duly entered into an Agreement with Respect to Municipal Air Terminals (hereinafter referred to as "Original Agreement"), and

-

*

WHEREAS, the said parties have duly amended, supplemented and modified the said Original Agreement by several Agreements duly entered'into as of May 26, 19^9* November 7j 1952, May 28, 1956, November 6, 1958, October 3, I960, August 2^1, 1965 and December 21, 19^5, respectively, and WHEREAS, it is necessary and desirable that certain of the terms, conditions and provisions of said Original Agreement should be further modified, amended and supplemented.

^ f|e ,P<u>*1 a« J ' '^ y
^

J /
.00

NOW, THEREFORE, for and in consideration of the agreements and covenants herein contained, the City and the Port Authority hereby mutually undertake, promise and agree.


3l1

\00

each for itself &nd its successors and assigns that said Original Agreement shall be and It is hereby further supplemented and amended as follows:
I. SUBSTITUTED SCHEDULE A . R E 339pACf EL 4f)

The schedule marked "Substituted Schedule A" annexed to the Second Supplemental Agreement sind amended and supplemented by the Third Supplemental Agreement, the Fourth Supplemental i\greement and the Fifth Supplemental Agreement is hereby further amended and supplemented by adding as Items if3, 16 and 17 thereof, the "Supplement to Substituted Schedule A" annexed hereto. Whenever in.the Original Agreement

reference is mode to Schedule Aj such reference shall be construed to refer to said Substituted Schedule A as substituted by the second supplemental Agreement, amended and supplemented by the Third Supplemental Agreement, the Fourth Supplemental Agreement and the Fifth Supplemental Agreement and as amended and supplemented hereby.
II. SURRENDER OF PORTION OF Da>lISED P R a g S E S - lA GUARDIA

AaRl^Ot^^i*

[

A.' ADDITIONAL PROPERTY ACQUIRED The Port Authority hereby gives up, grants, yields and surrenders \mto the City cmd the City hereby accepts the surrender of the portion of the demised premises deecribed in Item 15 of the "Supplement to Substituted Schedule A" attached hereto, and all the estate, right, title, interest. - 2 -

X:

tenn of years, property^ claim and demand whatsoever of the •Port Authority of, in, to and out of the samej to the intent and purpose that the said t e r m in said portion of the premises herein surrendered may be wholly merged,- extinguished, determined and excluded from the Original Agreement as amended, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, upon the conditions following, to wit: during the term for which the demised premises are leased, 1. RtEL 339pAGE 47

the Port Authority and the Federal Aviation

Administration shall have the right, without cost or expense to the City, to install, maintain, operate, relocate or replace in, under and upon the premises herein surrendered, including any city streets which may be within the boundaries thereof, such appix)ach lighting systems and other aids to avigation and facilities incidental thereto as shall be necessary or desirable in the opinion of the Port Authority or of the Federal Aviation Administration for the safe and efficient operation of La G\iardia Airport, at locations therein which the Port Authority shall deem appropriate therefor, and the Port Authority and the Federal Aviation Administration, its and their duly designated employees, contractors and agents shall have the right at all times to enter upon the said premises to inspect the condition thereof and to enter thereon with men, equipment, trucks and vehicles in order to effect the installation, repair, replacement, expansion and relocation of such approach lighting systems, other aids to avigatioi

- 3 -

and facilities incidental thereto; 2..

o n n * AO REEL OOHPASE 4 O the City shall use the premises herein surrendered

,

for park purposes and for no other purpose whatsoever; the City shall not develop or use the premises herein surrendered nor exercise any right with respect thereto so as to interfere with, impair or obstruct the safe and efficient operation and development of La Guardia .'.Ixport'or the safe and unrestricted passage of aircraft in and over the same; the City shall abate any smoke or vapor, at the request'of the Port Authority; the City shall not erect. Install or maintain any structure, building, tower, pole, wire or other object the construction, maintencuice or operation of which would constitute a hazard to avigation in the opinion of the Port Authority; 3. the City shall take all reasonably practicable ^

precautions to prevent its agents, employees, licensees, contractors and invitees from intruding upon, Interfereing with or damaging any property upon the said premises installed, operated or maintained by or on behalf of the Port Authority or the Federal Aviation Administration; and 4. the City shall not place fill in or upon the

premises surrendered by Section II-A of this Eighth Supplemental Agreement or place any structures or buildings thereon except in accordance with plans approved by the Chief Engineer of the Port Authority, provided, that such approval shall not be withheld unreasonably.

B.

DIIMARS BOULEVARD RELOCATED

nil ^o9m 41)

^^^

The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises hereinafter more fully bounded and described and all the estate, right, title, interest, terms of years, property claim and demand whatsoever of the Port Authority of, in, to and out of the same, to the extent and purpose that the said term in said portion of the demised premises may be wholly merged, distinguished, determined and excluded from the Original Agreement as amended, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever, provided, that during the term for which the demised premises are leased, said premises herein surrendered shall be held by the City for street purposes and for no other purpose or purposes whatsoever, and provided further that the Port Authority shall have the right to the maintenance and use therein and thereunder of utility facilities heretofore installed by the Port Authority; All that certain plot, piece or parcel of land situate, lying and being in the County of Queens, City and State of New York, more fully bounded and described as follows: Beginning at a point which is the intersection of the easterly line of relocated Ditmars Boulevard (100 feet wide) with the northerly line of Grand Central Parkway said point of beginning having the coordinate values of South 31551.943 and East 24690.651 and running thence (l) Westwardly along said northerly line of Grand Central Parkway, curving to the right along the arc of a circle, the radius of which is 6257.00 feet, a distance

^;?t

- 5-

of 100.49 feet to the westerly line of relocated Ditmars Boulevard (100 feet wide); thence (2) North 41^-50»-57" West along said westerly line of • relocated Ditmars Boulevard, 466.83 feet to a point of curvature; thence (3) Northwestwardly along said westerly line of relocated Ditmars Boulevard, curving to the left along the arc of a circle, the radius of which is 135*00 feet a distance of 105.53 feet to a point in the northerly prolongation of said Slst Street; thence (4) North 36^-54'.45" West along said northerly prolongation of olst Street, 9.36 feet to a point in the" foimer westerly line of Ditmars Boulevard; thence (5) Southeastwardly along said fonner westerly line of Ditmars Bovilevard, curving to the right along the arc of a circle, the radius of which is 871.48 feet, a distance of 162.09 feet to a point in the easterly line of relocated Ditmars Boulevard, thence (S) South 4lO-50'-57" East, along said easterly line of relocated Ditmars Boulevard, 477-38 feet tcj^i^ mix point and place of beginning, REEL 00'7PAGE 50 The coordinates and bearings hereinsibove mentioned in the description in this item refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north being 28^-59'-13.5" east of true north, C. RIKERS ISLAND BRIDGE The Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portion of the demised premises hereinafter described and of the estate, right, title, interest, term of years, property claim and demand whatsoever of the-Port Authority of, in, to and out of the same to the intent and purpose that said tezm in said portion of the premises herein surrendered may be wholly merged, extinguished, determined and excluded from the Original Agreement as amended, to have and to hold said premises herein surrendered unto the City,

- 6 -

its successors and assigns forever, provided that \jntil the expiration or sooner termination of said Original Agreement, as amended, the premises herein surrendered shall be held by the City for the maintenance and operation of that portion of the Hikers Island Bridge elpproach structure p r e a e z i t l y constructed within the demised premises and for no other purpose or purposes whatsoever. ^^^^ OOnmi 51 The premises herein surrendered consist of all that certain plot, piece or parcel of land situate and being tn the County of Queens, City and State of New York, 80 feet In width measured 40 feet from each side of the center line of that portion of the Rikers Island Bridge approach structure presently constructed within the demised premises lying below a linitlng plane the elevation of v M c h is 45 feet above the surface elevation of the pavement surfaces of the bridge approach roadways. RESERVING to the Port Authority, however, the right to place fill therein and construct within, over or upon the aforesaid described property and under, in, over or upon said approach structure appropriate means of access to and from other portions of the demised premises at La Guardia Airport abutting upon either side of the aforesaid described property for vehicles, pedestrians, pipelines or other utilities, provided, however, that (a) such rights shall be exercised with minimum inconvenience to the City in the use of the

- 7 -

[

bridge approach structure; (b) any Port Authority plans and specifications for placing such fill and providing such access shall be subject to the approval of the Commissioner of Public Works of the City, which approval shall not be unreasonably withheld; (c) the City shall not.erect, Install or maintain any additional structure, building, tower, pole, wire or other object, the con6truc;t4,oh, maintenance, or operation of. which in the opinion of the Port Authority would constitute a hazard to avigation; (d) the City shall ta^e all reasonably practicable precautions to prevent Its agents, employees, licensees, contractors and invitees from Intruding upon, interfering
. •

^
r^

'^
W

with or daroagln2 any property used in connection with the operation or development of La Guardia Airport; and (e) the City, for Itselfi its agc^nts, contractors, consultants, en^loyees or others acting on its behalf but without creating any rights in third parties in the nature of third-party contract beneficiary rights," shall indemnify and save the Port Authority harmless from any claims, causes of action or judgments, by reason of any loss, damages or personal Injury sustained by any person or persons including death,
J"

OO p

<^

as well as for any claims for damages to property as may arise or as may be alleged to arise from the construction, maintenance, operation, control or occupancy in or upon the said premises by the City including claims, suits and demands based on the alleged negligence in connection therewith of the Port Authority, its Commissioners, officers, agents or employees.

-8 ;zj^.

III. LEASE OF ADDITIONAL DEMISED PREMISES - U GUARDIA AI5P5R? '. The City hereby demises and leases to the Port Authority arid the Port Authority does hereby hire and take from the City for air texmlnal purposes and for purposes incidental thereto the additional lands hereinafter described to have and to hold unto the Port Authority until the expiration or sooner termination of the Original Agreement as amended, subject to all the terms, covenants and conditions set forth therein and any special terms, covenants and conditions hereinafter set forth with respect to any particular parcel; A. PARKING LOT NO. 5 REEL 339pAEE 58 All that certain plot, piece or parcel of land . situate, lying and being in the County of Queens, City and State of New York, more particularly bounded and described as follows: Beginning at the southeasterly comer of lands demised to ^ e Port of New York Authority by The City o f New York, by agreement entitled Agreement with Respect to M\inlclpal Air Terminals" dated April 17, 1947, recorded in the Office of the New York City Register, Queens County on May 22, 1947 in Liber 5402, Page 319, etc. of conveyances as amended, said point having the coordinate values of South 26137.071 and East 30055^09 and running thence (1). North 19*^-13'-14" East along the easterly boundary line of said demised lands, I60.076 feet to a point , the coordinates of which are South 27985-913, East 30108.307; thende (2) North 65^-58'-So" West, along said boundary line, 167.95 feet to a point the coordinates of which are South 27917.56, East 29952^.90; thence (3) North 53^-05'-15^ East, along said boundary line, 1732.55 feet to a point the coordinates of which are South 26876.993, East 31340.163; thence (4) South 110-16'-29-13" West, 1658.888 feet to a point the coordinates of which

- 9 •
3i -

are South 28503.866, East 31015.827; thence (5) North 68^-45*-22" West, 685.000 feet to a point of curvature the coordinates of which are South 28255.664, East 30377.375; thence (6) Westwardly curving to the left along the arc of a circle, the radius of which is 9711.30 feet, a distance of 342.943 feet to the ^olnt and Place Of b e g l n n ^ . , ^„^ ^^^^^ The coordinates and bearings hereinabove '^ mentioned in tfie description in this item refer to the rectangular system, of coordizxates established by the Topographical bureau of the Borough of Queens, City of New York, grid north being 280-59*.13.5" east of true north. : RESERVING to the City and to the United. States Army Corps of Engineers a right of escorted access at:, all times by the. Port Authority for vehicles and pedestrians through the aforesaid described lands to uplands now owned by the City and the United states Government abutting and lying and .being, situate southeast of the Airport. SUBJECT to the following special terms, covenants and conditions: 1. If within six (6) months from the commencement of the letting hereunder the Department of Parks requests the Port Authority in writing to construct facilities to be devoted to park purposes at a location and upon plans and specifications to be approved by the Port Authority, the Port Authority shall proceed promptly to arrange for such construction; and the Port Authority shall assume the cost of construction up to but not exceeding Three Hundred Fifty Thousand Dollars ($350,000).

- 10 -

J3 i

2.

In the event no request to construct park

facilities is received by the Port Authority from the department of Parks within the tljne provided for In.l. above or the total cost of the construction so requested is less than Three Hundred/Fifty thousand Dollars ($350,000) the Port Authority shall pay either the difference between Three Hundred Fifty Bioueand Dollars ($350,000) and the cost of the construction requested into the general fund of the City o r the total Amount of Three Hundred Fifty Thousand Dollars ($350,000) whichever is applicable. 3. The consents of the Port Authority herewith granted to the sale by the City at public auction of Parcel 6 and Parcel 8 described under Item 13 of said "Substituted Schedule A" heretofore surrendered by the Port Authority to the City for park purposes, as contained in Paragraph III of the agreement between the City and the Port Authority dated November 6, 1958 constituting the "Fourth Supplemental Agreement with Respect to Municipal Air Terminals", provided that: (a) Said sale be made subject to covenants running with the land containing (1) the applicable airport protective provisions set forth in said Fourth Supplemental Agreement and (11) a proviso that the successful purchaser at said public auction shall have no claim against the City, the Port Authority or the united States Government arising out of the operation of La Guardia Airport.
f^

^ ^^ cp
c> *

QJX

- 10a -

(b) Out of the proceeds of each sale the City before depositing such proceeds into its general fund shall pay to the Port Authority the following: ... oon -^

(I) For disposition as directed by the Federal Aviation Agency, a sum equal to that Agency's share of the cost of acquisition paid by it for the parcel sold and (II) The difference, If any, between the Federal Aviation Agency's share as aforesaid and the total purchase price paid by the Port Authority for the acquisition of the parcel sold. 4. As between the City and the Port Authority,

but without creating any rights in third persons, the Port Authority does hereby assume all responsibility for injuries to persons and dama^ to private and/or City property caused by its operations within the aforesaid described property and shall and does save and hold harmless the City and the Department of Parks from all claims and suits which may arise therefrom. B. EXISTING PILE SUPPORTED EXTENSIONS TO RUNWAY 4-22

j m WWifkY 13-31
All that certain plot, piece or parcel of land now or formerly under the waters of Flushing Bay and the East River, Boroughs arid Counties of Queens and Bronx, respectively, City and State of New York, more particularly bounded and - 11 -

described in the Grant Agreement from the People of the state of New York to The Port of New York Authority dated March 18, 1968 and recorded in the Department of State in Vol. 17 of Miscellaneous Deeds and Title Papers at page 331.
REEL 339?A5E

The tern of this letting shall be from the date hereof until the expiration or sooner termination of the Original Agreement as amended or the aforesaid Grant Agreement, whichever is earlier, and subject to the covenants, conditions and restrictions set forth in said. Grcmt Agreement. C. BED OF DITMARS BOULEVARD (FORMER LOCATION)

All that certain plot, piece or parcel of land situate, lying and being in the County of Queens, City and State of New York, more particularly bounded and described as follows: Beginning at a point which Is the intersection of the former easterly line of Ditmars Boulevard (100 feet wide) with the northerly line of Grand Central Parkway said point of beginning having the coordinate values of South 31179.854 and East 25000.683 and running thence (1) Westwardly along said northerly line of Grand Central Parkway, curving to the right along the arc of a circle, the radius of which is 6257.00 feet, a distance of 118.92 feet to the fozmer westerly line of Ditmars Boulevard thence (2) Northwardly along said fonner westerly line of Ditmars Boulevard, curving to the right along the arc of a circle, the fadlus of which is 1469.227 feet, a distance of 239-73 feet to a point of reverse curvature.; thence (3) Northwardly, along said former westerly line of Ditmars Boulevard, curving to the left along the arc of a circle, the radius of which Is 871.48 feet, a distance of 323-57 feet to a point in the easterly line of relocated Ditmars Boulevard; thence (4) North 4l°.50'-57" West; along sold easterly line of relocated Ditmars Boulevard; 27.^5 feet to a point of curvature; thence (5) Northwardly, along said easterly line of relocated Ditmars Boulevard, curvliig to the left along the arc of a circle, the radius of which is 165,00 feet, a distance of 154^85 feet to a point in the former easterly line of Ditmars Boulevard; thence (6) Southwardly along said former easterly line of Ditmars Boulevard, curving to the r i ^ t along the - 12 -

arc < a circle, the radius of w.iich is 971.483" feet, a distance of 504.13 feet to a point of reverse curvature; thence (7) Southwardly along . aaid former eaaterly line of,Ditmars Boulevard, curving to the left along the arc of a circle, the radius of which Is 1369.227 feet, a distance of 285.54.feet to the point and place of beginning, The coordinates and bearings hereinabove , mentioned In the description in this item refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north'being 28*'-59'-13.5"onrv '.. east of true north. REEL OuHpASf IV. LEASE OF ADDITIONAL DEMISED PREMISES - J.F. KENNEDY UJiCliiHKATIUNAL AIRPORT > KXiai'lKa itUKWAV 4L^^2K ^ e City hereby demises and leasee to the Port Authprlty and the Port Authority does hereby hire and take from the City for air terminal purposes and for purposes incidental thereto.the additional lands.hereinafter described as are owned by the City, to have and to hold, unto the Port Authority until the expiration or sooner termination of the Original Agreement as amended, subject to all the terms, covenants and conditions set forth therein; All that certain plot, piece or^ parcel of land situate, lying and being in the County of Queens, City and State of New York,, now or.: formerly under the waters of Jamaica Bay more particularly bounded and described as follows: Beginning at a point which is the intersection of the U«S. Pierhead and Bulldiead Line with the center line, of Runway 4L-22R at John F. Kennedy International Airport, the coordinates of said point being South 61420.708, East 75234.177, and running thence (1) South 87*-i*3'-^9.2^' East along said U.S. Pierhead and Bulkhead Line, 250,013 feet to appoint the coordhlnates of which are South 61430.609, East 75483.994; thence (2) South l*-39*-O0" West, 2784.297 feet to a point the coordinates of which ai»e South 64213.751, East 75403.823; thence (3) North 88**-21»-00*' West, 1037.500 feet to a point the coordinates of which are South 64183.877 East 74366,753; thence (4) North l**-39'-00*' East, 721.000 feet.to a point the coordinates of which ai»e South 63463.176, East 74387.513; thence (5) North 46*-21«-00" East, 337.649 feet to a point the coordinates of which are South 63230.114 East 74631.826; thence (6) North l'.39'-O0^ East, - 13 -

#

^ 58

'..,<.

1831.949 feet to a point in said U.S. Pierhead and Bulkhead line the coordinates of which are South 61398.925, East 74684.575; thence (7) South 87*-43'-49,2" East, along said U.S. Pierhead and Bulkhead Line, 550.033 feet to the point and place of beginning. The area whereof is 2,430.636 square feet or 55*800 acres. The coordinates and bearings hereinabove mentioned in the description in this item refer to the rectangular system of coordinates established by the Typographical Bureau of the Boroxigh of Queens, City of New York, grid north being 28*-59'-13.5" east of true north. .„. Q Q n *-r^ REEL OO.-^PAGE Q)} In the event that It should be neoessary for an application to be made to the State of New York to remove any cloud iq?on the title, of the City with respect to ttie said premises, the City shall cooperate with the Port Authority • with respect to any and all obligations, measures or other action appropriate for the effectuation of such purposes all at no expense to the City. V. RENT There shall be nO reduction in rent or the Port Authority's obligations under the agreement with respect to the Municipal Air Terminals as amended and supplemented by reason of the release or surrender of any of the premises herein provided for. IN WIT39ESS WHEREOF, the City has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Mayor; Mid the Port Authority has caused its corporate seal to be hereunto affixed and duly

- 14 -

attested and this Agreement to be signed by its Executive Director, the day and year first above written.

THE CITY OF

City Clerk

E JP©m OF NEW YORK AUTHORITY

Approved-.AS . t form ^o ActS^ corporation counsel

Approved as,to form

^fyf

- 15

Jt^c-

Ex.1

STATE or HEW YORK COUKTY OP NEW YORK / ss ) * OOn
REEL O O W F A G E

n
U J

On the i / y ' ^ day of / ^ ^ ^ ' , 196^, before me personally came HERMAN KATZ, 'with whom I am personally acquainted, and known to me to be the City Clerk of THE CITY OF NEW YORK, who, being by me duly sworn did depose and say that he resides at that he is the City Clerk of THE CITY OF NEW YORK, the corporation described in and which executed the foregoing Instrument; that he knows the seal of said corporation that the seal affixed to said Instrument is such corporate seal; that it was so affixed by the order of the Board of Estimate, and that he signed his name thereto as City Clerk by like ^ authority; and further that he Icnows and is acquainted with >rf /C-Ji-jJJ^'^^1^ '' -TiTTmrflT and knows him to be the person described in " and who a^Mayor of THE CITY OF NEW YORK executed the said Tnstl'uuitfia; that he saw him subscribe and execute the same. and that he acknowledged to him, the said HERMAN KATZ, that he executed the same, and he, the said HERMAN KATZ thereupon subscribed his namelhereto.

TIOIEWWKO ^ - • _ Ceoalnloner of Ottds, cHy of Nra Yoif No. M i l Certmeste f l M in New York Coonty Cemiolislon bqilros Odaber 24,1963

w

Ex.1

STATE OP NEW YORK
1 fi fi .

COUNTY OP NEW YORK )

''

REEL 3 3 9 P A G E

Q P

On this 12th day of December , I968, before me personally came and appeared AUSTIN J. TOBIN, to me known, v t p being by me duly sworn, did. depose and say that he resides at . that he is the. Executive Director of THE PORT OF NEW YORK AUTHORITY, a body corporate and politic created by Compact between the States of New York and Nev; Jersey, with the consent of Congress, described in and which executed the foregoing Instrument; that he knows the seal of ^lE PORT OF NEW YORK AUTHORITY aforesaid; that the seal affixed to said instrument is such seal; that it was so affixed by order of the ComrDlssioncrs of THE PORT OP NEW YORK AUraORITY and that he signed his name thereto by like order.

^ ^ y ^ ^ ^ :>.
tio. «5-047C050 QaaUfivd is yatiebwiw Conctr Ownm'tron Expim Mcseb 30. ''^P,

..:.>-^^:^:.

;?y^

SUPPLmENT TO SUBSTITUTED SCHEDOLE A ITEM 15 ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected, situate, Jmown on a certain map entitled, "Map of Property belonging to valentine Klein, * situate in the 2nd Ward, Borough oif Queens, • New York City, surveyed Septeniber 1919 by Walter I. Browne, C,E. & C.S., end filed In the Queens County office 11/11A919, as and by Lots Nos, 34 and 35, which said lots with reference to said map are more particularly bounded and described as

^»ii««""

R E 339p*Gr EL
BEGINNING at the comer formed by the intersection

63

of the Northeasterly side of Astoria Avenue with the Easterly side of 24th Street (now 8l8t Street); thenee running Northerly, along said Easterly side of 24th Street, 99.65 feet; thence Easterly, at right angles to said 24th Street, 50 feet; thence Southerly, again parallel with said 24th Street, 118.33 feet to said Northeasterly side of Astoria Avenue; and thence Northwesterly, along said Northeasterly side of Astoria Avenue, 53.37 feet to the point or place of BEGINNINO. EXCEPTING so much therefrom as was taken for the opening and widening of Astoria Boulevard, Be the said several dimensions more or less.

ITEM 16 The right to install or permit the installation by the Federal Aviation Agency of aids to avigation in and \xpon the following described strip of property: R E OSSPAGE EL 64

AIX that certain plot, piece or parcel of land situate a M being in the Borough and County of Queens, City and State of New York, more particiUarly botmded and described as follows: A parcel of land 400 feet wide and approximately 2300 feet long being 200 feet on each side of a center line drawn between points A and-B, more particularly described as follows: Point A: Being the point of intersection of the easterly line

of BrookviUe Boulevard with the westerly line of Public Place as shown on Map 4445 approved by the Board of Estimate August 25, 1966. ThO'coordinates of said point haying the values of South

50073.247 and East 80011.861. Point B; Being a point In.the westerly line of Huxley Street

distant 310.00 feet northerly thereon from the intersection of said westerly line of Huxley Street with the northerly line of Hook Creek Basin as shown on Map 4445 Approved by the Board of Estimate August 25, 1966. The coordinates of said point having the values of South 48672.492 and Bast 8l88l,320. The coordinates and bearings hereinabove mentioned in the description in this item refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid north being 28*-59»13.5" east of true north.

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;?yy

INCLUDING AND SUBJECT TO the restrictions, covenants, terms and conditions provided in the Af.reement between the City and the Port Authority dated June 20, I967 not completed or satisfied by this lettlnc.

TRACT A

ITEM 17 '—

REEL

onn
OOHPACE

kVL that certain plot, piece or parcel of land, situate, lying and being in the 5th ward of the Borough and County of Queens, City and State of New York, shown and designated on the Tax Map of the Borough of Queens In the*5th Ward as Lot 1, Block 459, as said Tax Map was on October 22, 1951, and being more particularly bounded and described as follows: . BEGINNING at the corner formed by the Intersection of the northerly side of DeCosta Avenue, 50 feet wide, with the easterly side of Beach 63rd Street, 60 feet wide; thence northerly along the easterly side of Beach 63rd Street, 500 feet to the high water line of* Jamaica Bay, as said high water line was fixed, determined upon and established by agreement recorded in the City Register's Office of Queens County In Liber 2i7i of conveyances page 38I, and by agreement recorded in said office In Liber 2238 of conveyances page 10; said high water line being distant 100 feet southerly from U.S. Pierhead and Bulkhead Line; thence easterly along said high water line of Jamaica Bay above referred to and at right angles to the last described course, 33.99 feet to an angle point; thence northeasterly still along said high water line of Jamaica Bay

- 3-

above referred to, said line being parallel with U.S. Pierhead & Bulkhead Line and being distant 100 feet southeasterly therefrom, a distance of 2108,33 feet; thence southeasterly at right angles to the last^ described course, 437.61 feet; thence southwesterly at right angles to the last described course, 100 feet; thence southwesterly in a straight line in continuation of the last described course, and along U»S. Pierhead and Bulkhead Line, 350 feet; thence southwesterly
^1

along a line which on its northwest side forms an interior . angle of 207 degrees 00 minutes 04.7 seconds with the last described course, and along the U.S. Pierhead & Bulkhead Line, 440.52 feet; thence southwesterly along a line which on Its northwesterly side forms an Interior angle of 152

^ Q3 g

^

degrees 59 minutes 55*3 seconds with the last.described course, and along the U.S. Pierhead k Bulkhead Line, 927*50 feet; thence southwesterly along a line which on its northwesterly side forms an interior angle of 209 degrees 03 minutes 16.6 seconds with the last described course, and along the U.S. Pierhead k Bulkhead Line, 218.57 feet to the northerly side of DeCosta Avenue, 50 feet wide; thence westerly along the northerly side of DeCosta Avenue, 50 feet wide, 603.95 feet to the point or place of BEGINNING.

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M^

TRACT B ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, shown and designated on the Tax Map of the City of New York for the Borough of Queens as Section 6l, Block I6OI7, Lot 1, as said Hap was on October 22, 1951.

'''' 3'3.V 67

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NYCS 2181

NINTH SUPPLEMENTAL AGREEMENT made as of the Ist day of January, 1979 between THE CITY OF NBW YORK, a New York municipal corporation, hereinafter called "the City", and THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic created by Compact between the States of New York and New Jersey with the consent of Congress, hereinafter called "the Port Authority." WITNESSETH: WHEREAS, under date of April 17, 1947 the City and the Port Authority entered into an Agreement With Respect to Municipal Air Terminals, (hereinafter referred to as the "Original Agreement"), providing for the improvement, development, operation and maintenance of John F. Kennedy International Airport and La Guardia Airport by the Port Authority; and WHEREAS, under dates of May 26, 1949, November 7, 1952, May 28, 1956, November 6, 1958, October 3, 1960, August 24, 1965, December 21, 1965 and December 12, 1968, the City and the Port Authority have duly amended, extended, supplemented and modified said Original Agreement; and WHEREAS, the City and the Port Authority are agreed that revisions in certain of the provisions of the Original Agreement, as previously amended, extended, supplemented and modified, will be in the public interest, and that the continued improvement, development, operation and maintenance of said airports will be facilitated thereby; NOW, THEREFORE, the City and the Port Authority hereby mutually undertake, promise and agree, each for itself and its successors and assigns, that said Original Agreement, as previously amended, extended, supplemented and modified shall be and it hereby is further amended, supplemented and modified as follows: 1. DEFINITIONS

(a) Section 1 of the Original Agreement as previously amended in the Seventh Supplemental Agreement is hereby further amended by striking Section 1 of the Seventh Supplemental Agreement out in its entirety and by substituting therefore the following: A. "Current year." the rent is being computed. B. The calendar year for which The difference between:

"Annual net revenue,"

NYCS 2181 (a) and (b) the sum of the following: (1) operation and maintenance expense of the current year; (2) general and administrative expense of the current year; (3) imputed debt service of the current year; and (4) imputed debt service factor o f the current year for years commencing with the current year 1985. C. (1) "Gross revenue." Through December 31, 1982 all income and revenue of any nature whatsoever including debt service upon iinderlying mortgage bonds as said term is used in the Consolidated Bond Resolution adopted by the Port Authority on October 9, 1952 (Special Project Bonds), derived by the Port Authority, in any manner whatsoever, or from any source whatsoever, from or in connection with the operation of the municipal air terminals, (including, without limiting the generality of the foregoing, net earnings derived from the investment of municipal air terminal operating funds) except the proceeds of bonds and notes and interest earned on capital funds. (2) "Gross revenue." Commencing with the current year 1983, all income and revenue of any nature whatsoever including debt service upon underlying mortgage bonds as aforesaid, derived by the Port Authority, in any manner whatsoever, or from any source whatsoever, from or in connection with the operation of the municipal air terminals. Net earnings derived from the investment of municipal air terminal operating funds and the proceeds of bonds and notes and interest earned on capital funds shall not be a part of gross revenue. D. "Operation and maintenemce expense." The expense of the Port Authority which is directly attributable to the operation and maintenance of the municipal air terminals during the current year including debt service upon underlying mortgage bonds as aforesaid (other than the rent payable to the City by the Port Authority for the demised premises and general and administrative expense). No deduction, allowance or provision for depreciation, except for automotive equipment a n d equipment ancillary thereto^ is to b e included in the operation and maintenance expense. E. "General and administrative expense." A sum equal to fifteen percent (15%) of the operation and maintenance expense excluding debt service upon underlying mortgage bonds as aforesaid, but commencing with the current year 1981, a sum equal to fourteen and one-half percent (14-1/2%) of the operation and maintenance expense excluding debt service upon underlying mortgage bonds as aforesaid. F. "Imputed debt service." The sum of imputed debt service A.and imputed debt service B. - 2 the gross revenue of the current year;

NYCS 2181 G. "Imputed debt service A." The sum of:

(a) the unamortized debt component (computed by multiplying the unamortized debt as of January 1, 1981, to be determined by starting with the unamortized debt as of January 1, 1980 in the amount of $316,334,825.68, deducting the amortization of $42,377,722.69 for the calendar year 1980, and adding the difference between the amount of capital transferred to completed construction in the calendar year 1980 and the federal aid transferred to completed construction in said calendar year 1980, as said unamortized debt is thereafter reduced as hereinafter provided, by the amortization factor for the current year) and (b) the capital replacement component (computed by multiplying the value of the plant in service o n January 1, 1 9 8 1 , to be determined by starting with the value of the plant in service on January 1, 1980 in the amount of $884,206,842.00, and adding the difference between the capital amount of transfers to completed construction in the calendar year 1960 and the capital expenditures related to properties retired in said calendar year 1980, as said plant in service is thereafter reduced as hereinafter provided, by the replacement factor for the current year). The unamortized debt for the purpose of computing imputed debt service A shall be the unamortized debt as of January 1 of the calendar year immediately preceding the current year less the amount constituting the difference between (aa) imputed debt service A for such preceding calendar year and (bb) the interest for such preceding,calendar year (computed by multiplying the unamortized debt as of January 1 of the preceding calendar year by the current interest rate for such preceding calendar y e a r ) . The value of the plant in service for the purpose of computing imputed debt service A shall be reduced each year, commencing with calendar year 1982 by the capital expenditures related to the properties retired during the preceding calendar year. The computation of the unamortized debt component for imputed debt service A will cease and expire in the current year in which the unamortized debt reaches zero or in the calendar year 2015, whichever is earlier. The computation of the capital replacement component for imputed debt service A will cease and expire in the current year in which the value of the plant in service reaches zero or in the calendar year 2015, whichever is earlier. There will be no increase in the unamortized debt or in the plant in service with respect to imputed debt service A from the amounts fixed as of January 1, 1981. As to all retired properties hereunder, said term shall mean properties which were transferred to completed construction during any year prior to January 1 of the calendar year 1981.

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NYCS 2181 H. B shall the sum Imputed Amount) "Imputed debt service B." Imputed debt service commence with the current year 1982 and shall be of all Imputed Debt Service B Annual Amounts. The Debt Service B Annual Amount (the IDSB Annual for each year will be the sum of:

(a) its unamortized debt component (computed by multiplying the unamortized debt applicable to the iDSB Annual Amount as of January 1 of the current year by the amortization factor for such year) and (b) its capital replacement component (computed by multiplying the value of the plant in service applicable to the IDSB Annual Amount on January 1 for the current year by the replacement factor for the current y e a r ) . Notwithstanding the method of computing imputed debt service B, as hereinabove defined, the capital replacement component shall be omitted in computing imputed debt service B for the last current year (calendar year 2015) of the lease, and the actual amount of capital transferred to completed construction during the calendar year 2015, less Federal aid received during the calendar year 2015, shall be used in lieu thereof. Moreover there will be no computation with respect to any IDSB Annual Amount of imputed debt service B of the unamortized debt component for any current year in which the unamortized debt applicable to.said iDSB Annual Amount as of January 1 of said current year is zero. With respect to Imputed Debt Service B, for the purpose of computing the 1982 IDSB Annual Amount, as of January 1, 1982 unamortized debt shall be the difference between the amount of capital transferred to completed construction in the preceding calendar year and the amount of federal aid transferred to completed construction in such preceding calendar year, and for each current year thereafter the unamortized debt for the 1982 IDSB Annual Amount shall be the difference between (1) its unamortized debt as of January 1 of the calendar year immediately preceding the current year and (2) the amount constituting the difference between (aa) its IDSB Annual Amount for such preceding year and (bb) the interest for such preceding calendar year (computed by multiplying its unamortized debt as of January 1 of the preceding calendar year by its interest rate, which will be the current interest rate for the current year 1982 as determined in accordance with the provisions of K(2) hereof. - 4 -

NYCS

2181

With respect to imputed debt service B, for the purpose of computing the 1982 IDSB Annual Amount, as of January 1, 1982 the value of the plant in service shall be the amount of the capital amount transferred to completed construction in the preceding calendar year (hereinafter referred to as the "1982 transferred amount") and for each current year thereafter the value of the plant in service for the 1982 IDSB Annual Amount shall be the 1982 transferred amount less the amount of retired properties. "Retired properties" shall mean the amount of the capital expenditures related to the properties retired during such preceding year, with said amount to be applied chronologically to the earliest IDSB Annual Amount and without regard to the nature or date of the transferred amount. As to all retired properties hereunder, said term shall mean properties which were transferred to completed construction during any year subsequent to January 1 of the calendar year 1981. Computations similar to the one as set forth for the 1982 IDSB Annual Amount will be made in like manner with respect to all subsequent IDSB Annual Amounts, the sum of all such IDSB Annual Amounts constituting imputed debt service B for each current year. As used in this lease, the term "plant in service" shall not include automotive equipment or equipment ancillary thereto. I. "Amortization factor." The appropriate annual factor to be applied to the unamortized debt as of the beginning of the current year listed in Table I under the rate of current interest established for that year. With respect to imputed debt service A and in determining the "Leasehold Term Remaining" the imexpired term of the lease shall be determined on the basis of an expiration date of 2015. With respect to imputed debt service B, in determining the "Leasehold Term Remaining" the unexpired term of the lease shall be determined on the basis of the expiration date of 2015. As set forth in Table I, the Leasehold Term Remaining for the current year 1979 is 37. J. "Replacement Factor." As to imputed debt service A, the appropriate annual factor to be applied to the value of the plant in service as of the beginning of the current year listed in Table II under the rate of current interest established for that year. As to

- 5 -

tries 2181

imputed debt service B, the appropriate annual factor to be applied to the value of the plant in service as of the beginning of the current year listed in Table II under the rate of current interest established for that year, with respect to imputed debt service A, in determining the "Leasehold Term Remaining" the unexpired term of the lease shall be determined on the basis of an expiration date of 2015. With respect to imputed . debt service B, in determining the "Leasehold Term Remaining" the unexpired term of the lease shall be determined on the basis of the expiration date of 2015. As set forth in Table I, the Leasehold Term Remaining for the current year 1979 is 37. K. (1) "Current interest rate." With respect to imputed debt Service A, effective as of the current year 1981 ten and one-half percent (10-1/2%) or the product (rounded off to the nearest eighth of one percent) arrived at by multiplying the average of the weekly indices as reported in the "Daily Bond Buyer" under their "20 Bond Index" during the calendar year preceding the current year by the appropriate factor indicated below, whichever is lower: Rating of Port Authority Bonds (Moody's) Aa A Baa or lower Rating of Port Authority Bonds (Standard & Poor's) AA A BBB or lower

Factor 1.09 1.14 1.21

(2) "Current interest rate." With respect to imputed debt service B, the product (rounded off to the nearest eighth of one percent) arrived at by multiplying the average of the weekly indices as reported in the "Daily Bond Buyer" under their "20 Bond Index" during the two calendar years immediately preceding the current year by the factor of 1.09. (3) The average of the weekly indices will be rounded off to the nearest .01. If the average before . rounding happens to fall at the exact midpoint between two successive l/lOO's, it shall be rounded down on the first such occurrence, then up and down alternately on successive occurrences. Similarly, should the product of the average index and the appropriate factor result

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NYCS 2181 in a nuzaber at the exact midpoint between two successive eighths of one percent, it shall be rounded down on the first such occurrence, then up and down alternately on successive occurrences. L. "Rating of Port Authority bonds" shall be the lower rating of the municipal bond ratings supplied by "Moody's Investors Service, Inc." or "Standard & Poor's Corp." of those Port Authority bond issues (other than Port Authority bonds guaranteed by any other government body) for which the Port Authority received and accepted bids during the calendar year preceding the current year. If the bond issues sold during that year do not all have the same rating, then the factor to be used shall be the average (rounded to the nearest .01] of the factors corresponding to the rating of said bond issues at the time of acceptance of bids, weighted in accordance with the principal amounts of said bond issues. In the event that there are no bond issues in the calendar year preceding the current year, then the rating of bond issues of the last previous calendar year prior thereto in which the Port Authority received and accepted bids on any bond issue shall be deemed the rating of the bond issues during the calendar year preceding the current year. The foregoing applies only to imputed debt service A. In the event that the "Daily Bond Buyer" or their "20 Bond Index" or "Moody's Investors Service, Inc." or "Standard & Poor's Corp." or the rating of Port Authority bonds by said Moody's Investors Service, Inc. or Standard and Poor's Corp. shall be discontinued during the term of this agreement, a comparable substitute for such discontinued element shall be mutually agreed upon in writing by the City and the Port Authority within thirty (30) days after such discontinuance. In the event that the parties shall fail to agree upon such a substitute within the time hereinabove specified, the question shall be submitted to three experts in this field recommended by the American Arbitration Association and selected as followsi each of the parties to this agreement, within thirty (30) days after the expiration of the period hereinabove specified for reaching agreement upon a substitute for such discontinued element, shall designate one such expert recommended by the American Arbitration Association and the two experts thus chosen shall, within fifteen (15) days after both have been designated, designate

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NYCS 2181 a third expert having the recommendation of such Association. The determination of a majority of said three experts shall be final and binding upon the parties hereto and the parties hereto agree to be bound by such determination provided that such determination shall be made in writing within forty-five (45) days next after the subsubmisslon to them of the question, or on or before any later date to which the said experts, by any writing signed by a majority of them shall enlarge the time for making such determination. My "Imputed debt service factor." A sum equal to thirty (30) per cent (30%) of imputed debt service. Ny "Airports investment." All amounts expended, directly or indirectly, or costs incurred, directly or indirectly, for, in connection with or related to the construction, rehabilitation, expansion, improvement or development of or related to the Municipal Air Terminals whether or not any of the foregoing is located on said Air Terminals and whether any such amounts were expended or costs incurred by the Port Authority or any third person, including without limitation thereto any Port Authority tenant, permittee, other occupant or user of the Air Terminals doing so pursuant to agreement with or the consent of the Port Authority, and regardless of the source of the amounts so expended or the costs incurred, including without limitation thereto any grants of aid from federal, state, local or other governments applied for, sought or received by or on behalf of the Port Authority, or with its consent. This definition of Airports investment shall apply only to Section 4 of the Original Agreement, as amended by this Ninth Supplemental Agreement and is effective as of January 1, 1979. (b) Section 1 of the Original Agreement is hereby further amended by striking out of the definition of "Bonds issued for municipal air terminal purposes" the following sentence: "The proceeds of such bonds shall be used solely for such purposes."

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NYCS 2181 2. TERM

The second paragraph of Section 3 of the Original Agreement, as the same has been previously amended, is hereby further amended by striking it out in its entirety and inserting in place thereof, the following: "Notwithstanding any other provision of this Ninth Supplemental Agreement or of the Seventh Supplemental Agreement or of the Original Agreement, as amended, supplemented or modified, the Port Authority shall not pledge any revenues of the municipal eir terminals, o r any part thereof, derivable at any time after the end of the lease term or sooner termination thereof (other than revenues accruing prior to the end of the lease term or sooner termination thereof), as security for the repayment of principal or interest, or of any part thereof, on any bonds of the Port Authority issued for municipal air terminal purposes or any other purposes, nor shall any such bonds of the Port Authority or any provision thereof affect in any manner whatsoever or grant any right whatsoever to or In the municipal air terminals or their operation, maintenance or revenues for or during any period after the end of the lease term or sooner termination thereof." 3. RENT

Section 4 of the original Agre&nent, as the same has been previously amended, is hereby further amended by striking that Section out in its entirety and by substituting therefor the following: "4. A RENTS

The annual rent which the Port Authority shall pay to the City for each current year from January 1, 1979 until the end of the term herein provided shall be as follows: (1) Guaranteed Annual Rent

The guaranteed annual rent for each such year shall be the amount oft $2,037,000 for the years 1979 through 1984; $3,094,000 for the years 1985 through 1997; $3,500,000 for the years 1998 through 2015;

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NYCS 2181

(2)(a) Additional Payment for the current years 1979 through 1984 The Port Authority shall pay to the City, as additional rent for each year the amount if any, by which the guaranteed annual rent for such year is exceeded by the percentage of annual net revenue for such year indicated on the schedule below: (b) Additional Payment for each current year commencing with the current year 1985 The Port Authority shall pay to the City, as additional rent for each year the amount, if any, by which the guaranteed annual rent for such year is exceeded by the sum of the annual net revenue for said year plus the imputed debt service factor for said year multiplied by the applicable percentage for such year indicated on the schedule below, provided, hovrever, that in no event shall the additional payment under this Paragraph (2)(b) and the guaranteed annual rent under Paragraph (1) hereof exceed the annual net revenue for said year. The foregoing provision for the additional payment is restated in equation form as follows: [(A + B) X C] - D = E A * The annual net revenue for the current year. B « The imputed debt service factor for the current year. C = The applicable percentage for such current year indicated on the schedule below. D B The guaranteed annual rental for said year

E = The additional payment for each current year. This amount plus the guaranteed annual rent for such year (D) shall not in any event exceed the annual net revenue for said year (A). - 10 -

NYCS 2181

(c)

Schedule 1979 through 1984 19B5 through 2015 60% 75%

Through.December 31, 1982, the guaranteed annual rent for each such current year as specified in Paragraph (1) above shall be due and payable to the City on or before January 31 of such current year. The additional payment, if any, which may be due for each such current year pursuant to the provisions of this Paragraph (2), shall be due and payable to the City on or before March 31 of the calendar year following such current year. Commencing with the current year 1983, the guaranteed annual rental and the additional payment for each current year as specified in Paragraphs (l) and (2) above shall be due and payable to the City in monthly inetallments on the 15th day of January and on the 15th day of each succeeding calendar month during such current year. The amount of each monthly installment shall consist of l/12th of the amount estimated by the Port Authority to be due and payable for the current year. The Port Authority shall prepare an estimate as of January of each current year and shall continue in effect or revise said estimate as of April, July and October of each current year. The monthly installments payable during each quarterly period shall be based upon the Port Authority's estimate then in effect and in the event that any quarterly estimate revises the amount estimated to be due and payable to the City for the current year, whether said revision is upward or downward, then all monthly installments for the ensuing quarterly period will be made in accordance with the revised estimate. The revised estimate will also be utilized with respect to prior monthly installment paid during the current year and if additional payments are due the City they will be paid to the City and if the City has been overpaid, said overpayments shall be deducted from the monthly installments then and thereafter due. The final determination of the guaranteed annual rental and the additional payment, if any, which may be owing for each current year pursuant to the foregoing provisions shall be determined by the Port - 11 -

NYCS 2181

Authority on or before March 31 of the calendar year following such current year. In the event any additional amounts are due and owing to the City they shall be due and payable to the City on or before said March 31 and if any amounts have been overpaid to the City they shall be deducted from the monthly installments then end thereafter due. (3) Increased Rental

The Port Authority expects that the amount of continued Airports investment at the Air Terminals will be substantial. It is expected that Airports investment will reach the amounts set forth below as of the beginning of each of the five calendar years set forth below, as follows: January 1, 1984 January 1, 1989 January 1, 1994 $125,000,000 $325,000,000 (cumulative) $500,000,000 (cumulative)

Each of the foregoing dates is herein called a "threshold date" and each of the foregoing amounts is herein called a "threshold amount". The two-year period following a threshold date is herein called "a grace period". In the event that as of the expiration of the grace period applicable to a threshold date. Airports investment has not reached the threshold amount established for said threshold date, then thereafter an amount hereinafter called "the increased rental payment' shall be payable for the current year in which the grace period for the aforesaid threshold date has expired and for each succeeding current year until the aforesaid threshold amount is reached or until the grace period for the next succeeding threshold date expires, whichever is earlier. The increased rental payment, if any, payable for any current year shall be determined by applying the following formula: - 12 -

NYCS 2181

A - B A

X

C

=

Increased Rental Payment

A = The applicable threshold amount, which for the current years 1986 through 1990 shall be $125,000,000, for the current years 1991 through 1995 shall be $325,000,000 and for any current year after 1995 shall be $500,000,000. B o Airports investment as of January 1 of the calendar year immediately following the current year. C « Annual net revenue for the current year = less an amount determined by multipying the sum of the annual net revenue for said current year and the imputed debt service factor for said year by the applicable percentage of annual net revenue of said year as set forth in Paragraph (2) hereof. If the foregoing subtraction results in a negative difference, C shall equal zero. The increased rental payment, if any, which may be due for each such current year pursuant to the provisions of this Paragraph (3) shall be due and payable to the City on or before March 31 of the calendar year following such current year. The foregoing computation with respect to the increased rental payment will not be made once the threshold amount previously not achieved has been reached until the expiration of the grace period applicable to the next succeeding threshold date. B. STATEMENTS

On or before March 31 of each calendar year the Port Authority shall furnish to the City a statement of the annual net revenue of the municipal air terminals for the current year preceding such calendar year. - 13 -

NYCS 2181

Such statement shall be a complete report of the following: (a) An itemized statement of gross revenue by sources for such current year, together with a schedule of any items excludable under the terms of the lease. (b) An itemized statement of operation and maintenance expenses for such current year listed by activity accounts. (c) An itemized statement of the imputed debt service for such current year which shall include: 1. A schedule of individual properties and costs thereof comprising plant placed in service and plant retired during the year immediately preceding such current year; and 2. A detailed computation of the unamortized debt component and the capital replacement component for such current year. In addition, the Port Authority shall furnish to the City on or before March 31 of each calendar year a statement of the cximulative amount of Airports investment as of the 1st day of said calendar year based upon amounts expended or costs incurred as more fully set forth in the definition of Airports investment for, in connection with or related to the construction, rehabilitation, expansion, improvement or development of any item constituting a pa^rt of Airports investment as of the last day of the immediately preceding calendar year. No breach of any covenant, term or condition in this agreement shall excuse the Port Authority from the prompt payment of the rent herein reserved provided, however, in the event the Port Authority, under any law that may hereafter be enacted or applied, shall be or become subject to and liable for payment to the City of any taxes, assessments or governmental levies or imposts (except charges for water and for the use of the sewer system pursuant to Section,13 of the Original Agreement as amended in the Seventh Supplemental Agreement and - 14 -

NYCS 2181

Section 14 of the Original Agreement) upon or against the demised premises or upon any part or parts thereof, then the payment by the Port Authority of the amount of such taxes, assessments, levies or imposts (except those imposed on sublessees or tenants for which the Port Authority, by agreement with such sublessees or tenants, assumes the obligation to pay) shall, as between the City and the Port Authority, be deemed payment pro tanto of the rent herein reserved, and the amount of such payments shall be treated as a cumulative credit against rent otherwise payable hereunder. 4. SURRENDER OF PORTIONS OF DEMISED PREMISES LAGUARDIA AIRPORT AND JOHN F. KENNEDY INTERNATIONAL AIRPORT

Effective on the date of execution hereof the Port Authority hereby gives up, grants, yields and surrenders unto the City and the City hereby accepts the surrender of the portions of the demised premises described as Items 1, 3 and 8 in Substituted Schedule A attached to the Second Supplemental Agreement (to the Original Agreement) dated November 7, 1952 and Item 17 in Substituted Schedule A attached to the Eighth Supplemental Agreement thereof dated December 12, 1968, and all the estate, right, title, interest, term of years, property claims and demands whatsoever of the Port Authority of, in and to and out of the same, to the extent and purpose that the said term in said portions of the demised premises herein surrendered may be wholly merged, extinguished and excluded from the Original Agreement as amended, to have and to hold said premises herein surrendered unto the City, its successors and assigns forever. Subject however to existing use and occupancy by others, and reserving unto the Port Authority, its successors and assigns for the use and benefit of the public, the right of.flight for the passage of aircraft in the air space above the surface of the premises herein surrendered, which public right of flight shall include but not be limited to the right to cause in said air space any noise or other kind of pollution or disturbance inherent in the operation of any aircraft used for avigation or flight through said air space or in landing at or taking off from or operating on LaGuardia Airport or on John F. Kennedy International Airport,

- 15 -

NYCS 2181

The aforesaid Items are surrendered upon the further conditions that during the term for which the demised premises under the Original Agreement as amended are leased: A. They shall not be used or occupied at any time (1) for school house or similar educational purposes or (ii) for residential purposes which include but shall not be limited to private homes, apartment houses, hospitals, nursing homes or other similar facilities or (iii) for hotels or motels unless the use or occupancy of such hotel or motel shall have received the express prior written consent of the Port Authority which consent shall not be unreasonably withheld. B. At no time shall structures of any nature be erected, vehicles parked, other items placed, or growth of natural objects be permitted by the City upon said premises which would in the opinion of the Federal Aviation Administration (FAA) or in the reasonable opinion of the Port Authority constitute an obstruction to avigation nor shall any activity be permitted on the subject premises which in the opinion of the FAA or in the reasonable opinion of the Port Authority interferes with or constitutes a hazard to the flight of aircraft over said premises or to and from the Airports or in anywise interferes with avigation or communications serving LaGuardia Airport or John F. Kennedy International Airport. In no event, moreover, shall any structure or structures be erected or growth of natural objects be permitted upon the premises which shall project above a horizontal plane at elevation 172 measured in feet above mean sea level at Sandy Hook, New Jersey as to Item 1; or project above a horizontal plane at elevation 316 measured in feet above mean sea level at Sandy Hook, New Jersey as to Item 3; or project above a horizontal plane at elevation 212 measured in feet above mean sea level at Sandy Hook, New Jersey as to Item 8; or project above a horizontal plane at elevation 162 measured in feet above mean sea level at Sandy Hook, New Jersey as to Item 17. 5. Notwithstanding the generality of the provisions of Section 8 of the Original Agreement, as previously amended and notwithstanding the accounting practices heretofore employed by the Port Authority in setting forth for each current year amounts representing the expense to the Port Authority of self-insuring risks at the Municipal Air - 16 -

NYCS 2181

Terminals as part of the "Operation and maintenance expense" under Section 1 of the Original Agreement, as amended, it is hereby specifically understood and agreed that from and after the current year 1981 and as and to the extent that the Port Authority elects to self-insure any risks at the Municipal Air Terminals, the amount to be included in any current year in "Operation and maintenance expense" for the Port Authority's self-insuring such risks shall be determined in accordance with the principles of Financial Accounting Standards Boards, Statement No. 5, Accounting for Contingencies, as long as said Statement No. 5 remains in effect. 6. (a) Upon completion of and subject to all legally required governmental approvals including but not limited to the Board of Estimate, the City intends to demise and lease to the Port Authority the additional lands hereinafter described for parking purposes, which use shall include grading, black topping, fencing and lighting of the uplands contained therein, \mtil the expiration or sooner termination of the Original Agreement, as amended and supplemented. All that certain plot, piece or parcel of land situate, lying and being in the County of Queens, City and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly boundary of a parcel of land demised to The Port Authority by the City, by Agreement entitled: "Agreement with Respect to Municipal Air Terminals" dated April 17, 1947, recorded in the Office of the New York City Register, Queens County on May 22, 194 7 in Liber 5402, Page 319, etc. of conveyances, as amended and supplemented by the "Eighth Supplemental Agreement" with respect to Municipal Air Terminals thereto dated December 12, 1968 recorded July 23, 1969 in Reel 339 at pages 46 through 66, and described by metes and bounds in paragraph III therein at pages 10 and 11, said point having the coordinate values of South 28,053.834 and East 31,105.546 thence: (1) North 11»-16'-29.13" East along said boundary, a distance of 1200.00 feet to a point having the coordinate values of South 26,876.993 and East 31,340.163; thence (2) South 78^-43'-30.87" East a distance of 4 50.000 feet to a point having the coordinate value of South 26,964,974 and East 31,781.478; thence - 17 -

NYCS 2181

(3) South 11"-16'-29.13" West a distance of 1100.000 feet to a point having the coordinate value of South 28,94 3,745 and East 31,566.413; thence (4) South 88''-44'-42" West a distance of 460.98 feet to the point and place of beginning. The coordinates and bearings mentioned in the description hereinabove refer to the rectangular system of coordinates established by the Topographical Bureau of the Borough of Queens, City of New York, grid North being 28*'59'-13.5" East of true North. RESERVING to the City and the United States Army Corps of Engineers or its successors in duties a right of escorted access at all times by the Port Authority for vehicles and pedestrians through the aforesaid described lands to the uplands owned by the City abutting, lying and being situate southeast of LaGuardia Airport. In addition the Port Authority shall maintain the paved pedestrian, walkway, four feet in width, constructed by the Port Authority on said uplands to its southeasterly terminus in Flushing Bay. (b) The City, only after consultation with the President of the Borough of Queens, intends to identify work to be performed in areas of Queens adjacent to the municipal air terminals. Upon the certification of the City from time to time that any portion of the said work is completed, the Port Authority, upon vouchers presented from time to time from the Comptroller of the City containing the said certification and at his written direction, shall pay the amount of said vouchers on behalf of the City, up to but not exceeding the sum of Two Million Dollars ($2,000,000). (c) The amounts paid by the Port Authority as set forth in subparagraph (b) above shall be deemed to be Airports investment as defined in this Ninth Supplemental Agreement and shall be used in determining imputed debt service B hereunder. (d) In the event the aforesaid described additional lands are not demised or leased to the Port Authority within eighteen (18) months from the date of the execution of this Ninth Supplemental Agreement, hereinafter referred to as - 18 -

NYCS 2181

"the First Additional Lands Effective Date", then the agreement hereunder to lease said lands to the Port Authority shall be null and void, unless prior to the first Additional Lands Effective Date or any extended date thereof the Port Authority shall have exercised its option to extend as hereinafter provided. The Port Authority shall have the right at any time and from time to time prior to the First Additional Lands Effective Date or any extension thereof to serve a written notice upon the City extending the First Additional Lands Effective Date or any prior extension thereof to such date ae the Port Authority shall designate in its notice. If the agreement hereunder to lease the aforesaid lands to the Port Authority becomes null and void as aforesaid, then all payments heretofore made by the Port Authority to the City shall be deducted from the monthly installments of the guaranteed annual rental and the additional payment as hereinbefore provided then and thereafter due, and to the extent that the full amount of $2,000,000 has not been paid to the City no further amounts shall be paid to the City, The amounts paid by the Port Authority as set forth in subparagraph (b) above shall not then be regarded as part of Airport investments or be utilized in determining imputed debt service B. 7. Except as specifically otherwise provided, this Ninth Supplemental Agreement shall be effective as of January 1, 1979. 8. Except as hereinabove provided, all of the terms, conditions, covenants and agreements of the Original Indenture, as the same has been previously amended, extended, supplemented and modified, shall be cmd remain in full force and effect. 9. . No Commissioner, director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Ninth Supplemental Agreement, or because of its execution or attempted execution or because of any breach thereof. IN WITNESS WHEREOF, the City has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Deputy Mayor; and the - 19 -

NYCS 2181

Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Assistant Executive Director, as of the day and year first a b o v e written. THE CITY OF NEW YORK
,<-'

city cleric

•fi:

'-^D.-.:^
Deputy Mayor

ATTEST:

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

Secretary

'^'>-^_.

Approved a s t o Form:

Approved as t o Form:

[fioArtq c o r p o r a t i o n ^Scunsel

Approved as to Terms: It - ^ " " / ' - ' V i ' ^ - ^ CompCrdiler

J

- 20 -

TABLE I iNffTRUcnoNS: Determme tbe cnmnt interest nte established for the current ywr. *'Lcaseliold Term Rcm&uimg" is the unexpired term of the lease from Jaaaary 1 of the current year. The appropriate equal annual {actor to be applied to the onamortised debt as of the bfginning of that year is shown under the nte of current interest esUbtished for that year on the line corresponding to the "Leasehold Term RonaJninB."

- 21 -

TABLE f Factors for Unamortiscd Debt Compoaeat of Imputed Debt Serrice LtoitkoU R0n!Zmff
51 ;

Amertisatim Fottor Under "Currtnt Initrtsf Ratss of: rH%
JM491

iH%
JOSSSO

m%
JUStQ

iaa
JM7«1

50 49 48 47 46 45 44 43 « 41 40 39 3B 37 36
35

.03526 JOJ562 J03601 .03641 JU6&3 J13727 .03773 JOSm 0)3873 013927 .03S84 0MM4 ' 0M1O7 0m74 .0424$
0>4321

JU614 013651 JCI3688 J03728 013770 0)3813 0)3859 0)3907 013958 0)4012 .04068 J04U7 0M190 0M2S7 0)4328
.04403

.03704 J03740 JOSTH 0)3816 J13857 OU901 JD3946 X39M 0>4O44 0M097 0)4153 0M212 0MZ75 .04341 0)4411
J04486

.03795 JttBM JCtS867 J15906 J13M6 0)3969 .04034 0M81 0)4131 0)4184 0M239 0M29S .04360 0)4426 0)4495
^569

J4 33
52 31 30 29 28 r 26 25 24 23 22 21 20 19 18 17 16

.04401 .04486
.04577 0)4674 .04778 0)4889 0)5009 .05138 0)5277 .05428 X5591 0)5770 015965 M179 0)6415 0)6676 J06967 017293 0)7660

.04482 0)4567
0)4658 M7S4 0)4858 0)4969 ASQBft 0)5216 0I53S5 .05505 015669 0)5847 0)6041 X62SS .06491 .06752 .07042 0)7368 017735

0)4565 0)4649
0M739 M835 0H938 .05049 0)S168 0)5296 0)5434 0)5584 0)5747 0)5924 0)6119 0)6332 J6567 .06828 017118 .07443 0)7810

0)4648 0M732
M8Z2 A4917 AS020 0)5130 0)5248 .05376 0)5314 .05663 0)5826 0)6003 0)6196 .06409 016644 0)6904 0)7194 0)7519 0)7885

15 14 U 12 U 10 9 8 7 6 5 4 3 2 1

0)8077 0)8554 0)9105 0)9749 .lOSU .11426 .12546 .13947 .15758 .18155 .21525 J65B2 JS014 J1883 1.0250Q

0)8151 0)8628 0)9179 .09823 J0S84 .11500 .12620 .14021 .15825 .18231 .21602 .26662 J5098 iI977 1.02625

.08226 .08702 0)9253 .09897 J0659 .11574 .12694 .14096 .15900 4&307 ' .21680 J6742 J5183 J2072 1.QZ7S0

0S301 0)8777 X9328 JOmi 40733 J1648 42769 .14171 45975 .18383 .21756 J6822 J5268 ^166 1.02875

-

22

-

r«s<

TABLE I
(Comdnaad)

itttstkeid Tttm Rtmaintno

i&
013853 0)3887 .03921 .03958 .03996 .04036 .04079 .04123 .04170 0)4219 0)4271 .04326 .04384 .04446 .04511 .04560 .04654 0)4732 .04816 .04905 .05000 .05102 .05211 .05329 .05456 0)5594 .05743 .05909 .06081 .06275 .06487 .06722 .06981 .07271 ,07595 0)7961 Xft377 .08853 .09403 .10046 40808 41723 42843 .14246 .16051 48460 J1835 .26903 JS353 JZ261 lOUOOO

^?&
.03947 0)3979 0)4014 0)4050 .04087 .04127 .04169 .04213 .04259 .04308 0)4360 .04414 .04472 .045U .04597 .04666 .04739 0)4817 .04900 .04988 .05083 .05185 .05294 015411 .05538 .05675 .05823 .05985 .06161 .06354 .06566 0)6800 .07059 .07348 .07672 .08037 .08453 .08928 .09478 .10121 40883 41798 42918 .14321 .16126 48536 J1913 J6983 J5438 J2356 1.03125 .04041 .04073 .04107 .04142 M180 .04219 0)4260 .04304 0)4349 .04398 .04449 .04503 0)4560 .04620 .04685 0)4753 0)4825 .04903 .04985 0)5073 015167 0)5268 .05377 .05494 .05620 0)5756 .05904 .06065 .06241 .06433 .06644 .06878 .07137 X7425 J7749 .08114 .08529 .09004 0)9554 40197 .10958 41873 .12994 .14396 .16202 .18613 JI992 .27064 J5523 i2450 1.03250

^1^
.04136 .04168 0)4201 .04236 J04273 .04312 0)4352 0H395 0)4441 .04488 .04539 .04592 0)4649 0)4709 0M773 .04840 .04912 .04989 .05071 .05158 .05252 0)5352 0)5460 015577 015702 0)5838 .05985 0)6146 .06321 0)6513 0)6724 0)6957 .07215 .07503 .(7826 .08191 08606 .UVUBU 0)9630 .10272 41033 41949 43069 .14472 46278 48690 .22070 .27144 J5608 J2545 1.03375 .04232 0)4263 .04296 0)4331 .04367 0)4405 0)4445 0)4488 0)4533 .04580 .04630 0)4683 0)4739 0)4798 0)4861 .04928 0)5000 .05076 0)5157 015244 .05337 0)5437 .05545 0)5660 0)5785 0)5921 0)6067 .06227 0)6402 .06593 .06804 .07036 017294 .07582 .079ft4 .08268 018683 .09157 0)9706 40348 41109 .12024 43145 .14548 46354 48767 .22148 J7225 .35693 J2640 1.03500

28

16

- 23 -

P«fe3of4 TABLE 1
iCoatiaumd) Liestktid Ttrm Rtmotning i)4329 JH360 M39Z .04426 ,04462 0)4500 0)4539 JMXl J)4625 0)4672 0)4722 M774 .04829 .04888 0)4951 0)5017 0)5088 0)5164 Ja5244 0)5423 0)5523 0)5629 0)5745 0)5669 0)6004 0)6150 0)6309 0)6483 0)6674 X6884 0)7116 .07373 .07660 0)7983 0)8346 0)8760 .09234 0)9783 40425 41185 42100 43220 44624 46431 .18844 22227 27306 J5779 i2735 10)3625

37 35

asm

1

^ ^ 0)4427 0)4457 .04489 0)4523 .04558 OH595 0)4634 0)4675 0)4719 0)4765 0)4814 0)4866 0)4921 .04979 0)5041 0)5107 .05177 0)5252 0)5332 0)5418 0)5510 .05609 .05715 .05830 .05953 .06087 0)6233 .06392 .06565 , 0)6756 0)6965 0)7196 0)7453 0)7740 0)8061 018(24 0)8838 .09311 .09860 40501 41262 42176 43297 44700 46507 .18921 22305 27387 .35864 .52830 1.03750

0)4526 0M5S6 .04587 .04620 .04655 0)4691 0)4730 .04771 0)4814 0)4859 .04908 0)4959 .05013 0)5071 .05132 0)5198 .05267 0)5342 .05421 0)5.S06 0)5597 .05696 0)5801 0)5915 .06036 0)6172 0)6317 0)6475 0)6648 X6837 017046 0)7277 017533 .07819 0)8140 0)8503 0)8916 0)9389 0)9937 40578 413.W .12252 .13373 44776 46584 4B999 2Z3B4 27468 J5949 J2925 1.03875

.04626 0)4655 .04686 0)4718 0)4752 0)4788 0)4826 0)4866 0)4909 0)4954 .05002 015052 0)5106 0)5163 XS224 0)5289 0)5356 01543] 0)5510 0)5595 0)5686 0)5783 .05888 0)6001 M1Z4 0)6257 0)6401 .06559 .06731 J06920 0)7128 0)7358 0)7614 0)7m 0)8220 0)8582 0)8994 0)9467 40014 40655 41415 12179 43449 44853 46661 49076 22463 27549 J6035 .53020 1.04000

- 24 -

P««e4of4 TABLE!
(C«BtiBB^>
1,

iMSthoU Ttrm Rtmaimino
0)4755

4^%
0)4828 0)4856 .04886 .04917 .04950 .04985 .05022 01506] 0)5102 .05146 0)5192 0)5242 .05294 .05350 .05410 .05473 .05541 .05613 .05691 015774 • 0)5864 .05960 0)6063 .06175 .06297 .06428 .06571 0)6728 .06899 .07086 017293 .07522 ,07776 .08061 J0838Q .08741 .09153 .09624 .10170 40810 41569 .12483 .13603 .15006 46815 .19232 22621 27712 46206 43210 1.04250 .04930 .04958 .04987 .05017 .05050 015084 ASUt 0)5159 .05200 ,05243 .05289 .05338 .05390 .05445 .05504 .05567 0)5634 0)5705 0)5782 ,05665 .05954 0)6049 .06152 .06263 .06384 0)6515 .06657 .06813 .06983 .07170 .07376 0)7605 0)7858 .08142 jQimx .06821 0)9232 .09703 • 40249 .10888 41647 .12560 43680 .15084 46693 .19310 2270O 27793 J6292 43305 1.04375

•Hit
.05033 .05060 0)5089 .05119 .05151 0)5184 0)5258 0)5298 015341 0)S386

49
.04851 0)4886 0)4924 015005 015050 .05097 015147 0)5200 052.^ 0)5316 .05381 0)5449 .05522 0)5600 0156B4 .05774 .05871 0)5975 06088 .06210 .06342 .06486 .06643 0)6814 .07003 .07210 .07440 .07695
jQ830Q

46 45

.

40 38 2;

itS4M
0)5486 0)5540 .05598 .05661 0)5727 .05798 015874 015956 0)6044 0)6139 0)6242 .06352 0)6472 .06602 0)6744 0)6899 0)7066 .07255 .07460 .07688 .0794] 0)8224 0)8542 -0)8902 0)9311 0)9782 40328 .10967 41725 .U638 .13757 .15161 .16970 49388 22779 27874 J6I77 45400 1.04500

34 32

27 26

22 21

17 16 15 12 11 9

s
7 5

.08661 .09073 0)9545 40092 40733 .11492 42406 43526 44930 .16738 49154 22542 27630 46120 JJZ15

-

25 -

If tbe current interest n t t established for a current year is ouuide of the 2K-4^9& nnge, then the equal annual factor for such year ( 1 ) can be computed by the foUowing formula: ^ ^

•jj ; where

a 77\

i-v

K s Leasehold Term Remaining from January 1 of the current year; { = Ctirrcnt interest rate established for that year; and I l & i The equal annual factors appearing in the foregoing table were computed by the ^iplication of this formula. These factors shaU be subject to veri£cation each year.

/.

-

26

-

TABLE n
iNsrsvcTxoKs: Determine the current faiter«st rate established for the current year. "X-easehold Term Remaining" is the unexpired term of the lease from January 1 of the current year. The appropriate replacement factor to be applied to the vahie of the plant In service as of the beginning of that year is shown under the n t e of cturent interest established for that year on tbe line corresponding to the ''Leasebold Term Remaining."

- 27 -

Pftfol o<4 TABLE n Factors for Ca^tal RepkcoBent Coapoaeat of Inapvtod Dobt Stnneo
Rtpiactmtnt Fottor Vndtr "Cnrrtnt lutertsf Ratts of; RtplaetmtKl Rett

51 . . . SO . . . 49 . . . 48 . . . C .. . 46 . . . 45 . . . 44 . . . 43 . . . 42 . . . 41 . . . 40 . . . » .. . 38 . . . 37 . . . 36 . . . 35 . . . 34 . . . 33 . . . 32 . . . 31 . . . 30 . . . 29 . . . 28 . . . 27 . . . 26 . . . 25 . . . 94 . . . 23 . . . 22 . . . 21 . . . 20 . . . 19 . . . 18 . . . 17 . . . 16 . . . 15 . . . 14 . . . U .. .

m%
J03361 X3458 J35S4 0)3646 X3735 X3818 .03895 0)3966 M030

?M?lf,
0)3350 J03450 ;03547 013642 0)3732 0)3817 .03896 0)3966 0)4033 0)4090

Oifr
JUS9 0)3441 ^03541 0)3637 J03729 J03816 011897 JQ3971 0)4037 0)4095 0)4144 .04184 JM215 M236 J04249 0)4252 0)4248 0)4236 .04217 0)4193 .04165 ,04133 0)4099 0)4065 0)4031 ;03999 0)3969 0D943 .03921 0)3904 0)3892 0)3885 .03882 .03885 43892 0)3903 0)3917 0)3934 0)3953 43974 43995 J04015 0)4036 44055 44072 44088 44102 44114 44123 44130 44135

0)0756 .00963 J1191 .01437 0)1697 .02970 ,02250 A2S34 XS817 J3094 JQS361 Ot36U J03846 J04055 0K238 0)4390 0)4511 0)4599 M654
J04^

msn

Mia

Mms

0)4170 0)4200 J04220 .M232 J04235 0)4230 ;0<218 0)4200 0M177 0)4149 J^1085 0)4052 0)4019 0)3988 0)3959 J0J934 013912 .03895 0)3884 0)3877 JOBTS J03877 013884 .03895 0)3909 •0)3926 .03945 0)3965 0)3986 0)4006 0)4026 0)4045 0)4OS5 0)4078 .04092

Mm

0)4670 M636 0MS78 J045O0 0)4408 M305

Mm

0)4177 0)4207 0)4228 0)4240 0)4244 0)4239 0)4227 JD4209 0M185 0)4157 0)4125 .04092

Mose
J04025 0)3993 0)3964 .03938 0)3917 0)3900 0)3888 013881 .03878 0)3881 .03888 0)3899 0139U 0)3930 .03949 ' 0)3969 0)3990 ^04011 0)4031 0)4050 0)4067 MQB3 0)4097 0X109 .04228 J04125 0M130

Mm Mtm .03988
0)3894 J0S811 J0S742 jQ3688 J03651 ja3629 J03623 013630 J0S649 J0S677 .QS7U JBS753 0137K 0)3838 0)3879 00917 0)3950 J03977 .03999 MOIS

n .. .
10 . . . 9 .. . 8 .. . 7 .. . 6 .. . 5 .. . 4 ., . 3 .. . 2 .. . I ., .

U .. .

M104 M113
X4120 0)4125

Mm
- 28 -

TABLE n
(CotlBwd)

LnnhM Ttrm
43S» 43432 43S34 43632 4J720 43815 43897 43973 0)4040 44100 .04150 44191
43317 43527 43627 437Z3 43814 43898 43975 44044 44104 44256 44298 44230 44253 0)4266 4«70 44265 44253 44234 44210 44180 44146 44113 44078 .04043 44010 43980 43953 43930 43913 43900 43892 4SB90 43893 43900 43911 .03925 43943 43962 43982 44003 44024 .04045 44064 .04082 44098 441U 44124 44133 44140 44145 .03306 43414 43S20 43622 4;S73D 43812 43898 0)3977 44047 44109 44162 .04204 44237 44261 44274 44278 44274 44262 04243 44228 44188 44L55 ' 44120 .04085 44049 44016 43985 43958 43935 43917 43904 43896 43894 43897 43904 43915 43929 43947 .03966 43987 .04008 .04029 44050 44069 440S7 44103 44117 44129 .04138 44145 44150 .03295 0)3405 435U 4S617 42727 43811 43898 0)3979 44051 .04114 44167 4C11 4C45 44269 44283 44287 44283 44272 44251 44226 44196 0)4163 4417 44092 44056 44022 4396S 43940 43921 43908 .QJ9U0 43898 .03900 43008 43919 43933 43951 0)3970 43991 440U 44034 440S4 44074 44092 .04108 44U2 44134 44143 44150 44155 43283 43505 43611 43713 43809 43899 43981 44054 44118 44173 44218 ,AP52 44277 44291 44296 44279 44260 44235 44204 44170 44135 44098 44062 0)4027 43996 43968 43944 43926 43912 43904 43902 43904 43911 439Z3 43937 43935 0)3975 .03995 44017 44038 44059 44078 44096 44113 44127 .04138 .04146 44155 .04160

saan

.

Maa
»
44244 442S7 44261 .04257 4C44 .04236 44201

Man

Mm
»
44140 0)4106

Man
0)4037 44005 43975 .09948 43926 43908 43896 43888 013886 .03889 43896 0)3907 43921 43939 43958 .03978 .03999 0)4020 0)4040 44059 .04077 0)4093 44107 44119 44128 0M135 44140

18

13 12 9

„,.

- 29

-

Pat* 3 of 4 TABLE n
(CmiBMd)

* (

IsattkoU _ Ttrm 81 £0 49
48 47

JMft
43272 43366 43498 43606 43710

m&
43260 43376 43490 43601 43706 43806 43899 43964 44O60 4417 44185 44231 44267 44293 44308 44313 44309 44297 44277 44251 44220 441B6 44149 44111 44074 44039 44006 43977 43953 43934 43930 439U 43910 439U 43919 43931 43MI 43963 43983 44004 44026 44047 44068 44088 44106 44123 .04137 44148 4415B 44165 44171

aifi
43248 43367 43483 .03595 43703 43804 43899 43986 44064 44132 44190 44238 44275 44301 44517 44322 44318 0)4306 44286 J04260 44228 44193 M156 44118 0)4080 44044 44012 43982 43958 .03939 .03925 43916 43913 43916 43923 43B35 .03949 43967 43987 .04008 44030 44052 44073 .04093 .04111 4417 .04141 44153 44163 .04170 M176

isa.
43237 43357 43475 43589 43699 43802 43899 43987 44067 44136 44196 44244 44282 44309 44325 44331 4437 44315 44295 44268 44236 44201 44163 44125 44086 44050 44017 43987 43962 43943 43929 43920 X3917 43920 0)397 43938 43953 43971 43991 44013 44035 44056 44077 44097 44116 44132 44146 44156 44168 44175

46 45 44 43 42
41 40

, , ,
,

39
38 37 36

35 34 33 32 31 30 29 28 27
26

, ,

, ;.

25
« r

25 ai2 21 20 19
18

,

17 16 25 14 13 U 20 9 8 7
6

n

,
,

5 4 3 2
1

,

43899 43982 44057 44123 44179 44225 44260 44285 44300 44305 44301 44288 44269 44243 44212 44178 4(142 44105 44068 44033 44002 43973 43949 43930 43926 43908 43906 43908 43915 43927 43941 43959 43979 0)4000 44021 MMS 44064 440S3 44101 44117 44132 44143 44153 44160 44166

.

Mm

-

30

-

Fk««4af 4

TABLE n
(CMtimad) ItutkoU Tttm RtmtdnJMO.

n ....
» 49 48 47 46 45 44 43 42 41 40 39 38 7 . 36 35 34 33 32 31 30 29 28 7 26 35 24 fl S 20 19 18 7 U 15 24 13 12 11 11 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

i&
41225 43347 43467 43SB4 43695 43800 43899 43969 44070 44141 44201 44S1 4(289 44317 44334 44340 44336 44324 44303 4478 44244 44209 44170 44131 44093 44056 44022 4J993 43967 43947 .03933 43924 439Z1 43924 013031 439C 4397 43975 43996 4407 44039 .64061 4400 44108 44121 4417 44151 44163 44173 44180 44186

mi
43213 4337 43459 iU578 0)369] 43798 43898 43990 44073 44145 . M207 44237 JM297 0)4325 44342 44348 44345 0M332 44313 44285 .04252 44216 44178 44138 44099 44062 44038 0)3997 0)3973 ,43952 4397 43928 43925 0)397 43935 43946 43961 43980 44000 44021 0)4043 44065 44QS7 44107 44125 44143 44156 44168 44178 44185 .04191

m&
4sat
43328 43453 41572 43687 43796 43898 43991 44075 44149 442U 44364 M3M 44333 44350 443S7 44354 44341 44321 4493. 44261 44224 44285 44145 4410S 44068 44033 44002 43976 43956 43941 43932 0)3929 43931 43939 43950 43965 43964 44004 44026 44048 44070 44091 441U 44130 44147 44161 44173 44183 44190 44196

mf
43189 43317 43444 43566 43683 43794 43898 013993 44078 44153 44218 44370 4C11 44342 44359 44366 44363 44350 44329 44302 44269 44232

ih& 4sm

43307 43436 43560 4379 43792 43897 43994 44081 44158 44223 4477 44319 44349 44367 44371 44359 44338 44310 44277 0)4239 44199 44158 44118 44079 0)4044 440U 43986 43965 4)3950 43940 4307 0)3939 43946 43958 43973 0)3993 44012 44034 .04057 44079 44101 44122 44140 4417 44171 44183 .04193 44281 44206

Mm

Min

Mm 44211

a ...

44079 44038 44007 43962 43960 43945 43936 43953 43935 43942 43954 43969 43968 44008 44030 44052 44075 44096 44126 .04135 ' 44152 44266 44178 44188 44196 44201

-

-

31

-

If tiie current interest rate cttiblishcd for a current year is oouide of the 2 } i A y i % twige, then the replacement factor for such year (Fy) can be computed by the foUowing fmrnila:

F,.

,f. (^i)M 1

.cj^y)

;x40«

i,v^'^'y*'^

y

s s Current year of leue (For e o s p l e , Jaaaafy 1,1965 Ouvugfa December 31, 1965 = f. e t c ) ; Carrent interest rate estthtithed for that year;

i

Rj = Replacement n t e for that year (Tbe replacement rate for a current jrear is the replacement rate shown alongside the *lxasehold Term Rcmatnmg" figure measured from January 1 of any such year. For earamplf, tbe re> pbcement rate for 1965 = XX>S72); M =51;and

1

1+ i
The replacement factors appearing in the foregoing table were computed by the ^plication of this fbnnuta. These factors shall be nibject to verificatioD each
•year.

-

32 -

STATE OF NEW YORK COUNTY OF NEW YORK

) ) ss. 1 )

Ex.1

On the /cf-'day of r^--«^W-«^ , 1982, before me personally came DAVID N. DINKIMS, with whom I am personally acquainted, and Icnown to me to be the the City Clerk of THE CITY OF NEW YORK, Who, being by me duly sworn did depose and say that he resides at that he is the City Clerk of THE CITY OF NEW YORK, the corporation described in and which executed the foregoing instrument; that he Icnows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by the order of the Board of Estimate, and that he signed his name thereto as City Clerk by like authority; and further that he knows and is acquainted with KhBZVi N. GERARD and knows her to be the person described in and who as Deputy Mayor of THE CITY OF NEW YORK executed the said instriunent; that he saw her subscribe and execute the same, and that she acknowledged to him, the said DAVID N. DINKINS, that she executed the same, and he, the said DAVID N. DINKINS thereupon subscribed his name thereto.

&*'«*tm(

•'••.,.....

1

.

'^'^ z^-A/rj "

- 33 -

/.

Ex.1 STATE OF NEW YORK COUNTY OF NEW YORK. )
) SS.:

)

On this / ^ r / ^ day of / ^ ^ a ^ t r / f / t y , 1982, before me personally caste and appeared ROBERT F. BENNETT, to me known, who being by me duly sworn, did depose and say that he resides at that he is the Assistant Executive Director or THE PORT AUTHORITY OF MEW YORK AND NEW JERSEY, a body corporate and politic created by Compact between the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing instrument; that he knows the seal of THE PORT AUTHORITY OF HEW YORK AKD NEW JERSEY aforesaid; that the seal affixed to said instrument is such seal; that it was so affixed by order of the Commissioners of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY and that he signed his name thereto by like order.

CtCtLIA M. HEAIY Nottrv h A i i ; . !,iait t l Hew Yort; Ha f U 1 C i 2 7 7 R:ch..w.i] Ccu/Kt Certilicito U'ai is Uvn »(.;•,, CC.:T,U Canmitirfln li^\tui Mirch ZZ: I^SJ

- 3A -

TENTH SUPPLEMENTAL AGREEMENT, made as of the ?(7t*i day of S f T r O f , 1983 between THE CITY OF NEW YORK, a New York municipal SfWtrr corporation, hereinafter called "the City", and THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic created by Compact between the States of New York and New Jersey with the consent of Congress, hereinafter called "the Port Authority." WITNESSETH: WHEREAS, under date of April 17, 1947, the City and the Port Authority entered into an Agreement With Respect to Municipal Air Terminals, (hereinafter referred to as the **Original Agreement"), providing for the improvement, development, operation find maintenance of John F, Kennedy International Airport and LaGuardia Airport by the Port Authority; and WHEREAS, under dates of May 26, 1949, November 7, 1952, May 28, 1956, November 6, 1958, October 3, 1960, August 24, 1965, December 21/ 1965, December 12, 1968.and February IB, 1982, the City and the Port Authority have duly amended, extended, supplemented and modified said Original Agreement; and WHEREAS, it was contemplated and intended by the Ninth Supplemental Agreement to the Original Agreement (dated February 18, 1982) that additional land adjacent to LaGuardia Airport be demised to the Port Authority by the City on terms and conditions as more specifically therein set forth, upon completion of legally required governmental approvals including but not limited to the Board of Estimate; and WHEREAS, such governmental approvals have now been completed and the Board of Estimate by resolution duly adopted on July 21, 1983 has authorized the execution and delivery of this Agreement (Calendar #310). NOW, THEREFORE, the City and the Port Authority hereby mutually undertake, promise and agree, each for itself and its successors and assigns, that said Original Agreement, as previously amended, extended, supplemented and modified shall be and it is hereby further amended, supplemented and modified as follows:
i

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^ 1. The City hereby demises and leases to the Port Authority and the Port Authority does hereby hire and take from the city for parking purposes, which use shall include grading, black topping, fencing and lighting of the uplands contained therein, the additional land owned by the city Aore specifically described below, to have and to hold unto the Port Authority from the date of this Tenth Supplemental Agreement until the expiration or sooner termination of the Original Agreement, subject to all of the terms, covenants and conditions set forth in said Original Agreement as previously amended, extended, supplemented and modified including as modified by aforesaid Ninth Supplemental Agreement: BEGINNING at a point in the easterly boundary of a parcel of land demised to the Port Authority by the City, by Agreement entitled: "Agreement with Respect to Municipal Air Terminals" dated April 17, 1947, recorded in the Office of the New York City Register, Queens County on May 22, 1947 in Liber 5402, Page 319, etc. of conveyances, as amended and supplemented by the "Eighth Supplemental Agreement" with respect to Municipal Air Terminals thereto dated December 12,- 1968 recorded July 23, 1969 in Reel 339 at pages 46 through 68, and described by metes and boxinds in paragraph III therein at pages 9 and 10, said point having the coordinate values of South 28,053.834 and East 31,105.546 thence: (1) North ll**-16*-29-13" East along said boundary, a distance of 1200.00 feet to a point having the coordinate values of South 26,876.993 and East 31,340.163; thence (2) South 78''-43'-30.87" East a distance of 450.000 feet to a point having the coordinate value of South 26,964,974 and East 31,781.478; thence (3) South 11*'-16'-29.13" West a distance of 1100.000 feet to a point having the coordinate value of Sout:h 28,043.745 and East 31,566.413; thence (4) South 8B'»-44'-45,42" West a distance of 460.98 feet to the point and place of beginning. The coordinates and bearings mentioned in the description hereinabove refer to the rectangular system of coordinates established by t:he Topographical Bureau of the Borough of Queens, City of New York, grid North being 28»-59*-13.5" East of true North. RESERVING to the City and the United States Army Corps of Engineers or its successors in duties a right of escorted access at all times by t;he Port Authority for vehicles and pedestrians tihrough the aforesaid described lands to the uplands owned by the City abutting, lying and

- 2 -

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v being situate southeast of LaGuardia Airport. In addition the ^ ' Port Authority shall maintain the paved pedestrian walkway, four feet in width, constructed by the Port Authority on said uplands to its soutiheasterly terminus in Flushing Bay. 2. Except as hereinabove provided, all of the terms, ^conditions, covenants and agreements of the Original Indenture, as the same has been previously amended, extended, supplemented and modified, shall be and remain in full force and effect, 3.; No Commissioner, director, officer, agent or employee of either party shall be charged personally or held contractually liable by or to the other party under any term or provision of this Tenth Supplemental Agreement, or because of its execution or attempted execution or because of any breach,thereof. IN WITNESS WHEREOF, the City has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Deputy Mayor; and the Port Authority has caused its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by its Assistant Executive Director, as of the day and year first above written. ATTEST:

City Clerk 1 T
i.,-';'ii.,

ATTEST: '; •,
1

THE PORT AUTHORITY OF NEW YORK : JERSE: w

Socrotajry

{ /

Executi'* Qirector xecutiVe

- Approved as to Form: * cti^g Corporation Counsel

Approved as to Form: ^ ^ ^General Counsel

- 3 -

r
Ex.1

C

STATE OF NEW YORK COUNTY OF NEW YORK

) ) ss. : )

On this /-^^ day of ^.£/»^**^, 1983, before me personally came and appeared ROBERT F. BENNETT, to me known, who being by me duly sworn, did depose and say that he resides at that he is the Assistant Executive Director ot THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic created by Compact between the States of New York and New Jersey, with the consent of Congress, described in and which executed the foregoing instrument; t:hat he knows the seal of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY aforesaid; that the seal affixed to said instrument is such seal; that it was so "affixed by order of the Commissioners of THE PORT AUTHORITY OF NEW YORK AND NEW JEP^EY and that he signed his name thereto by like order.

/^l4^

'/yA SaA/t,7p'

HARRY KYLE BARR, 111 KOTflRY PUBUC. STATE 0 ' NE* YORK No. 3 1 - 0 1 6 9 8 5 5 Ouallfttd In Nf« Yort Coanty Oommisi'w EXDDTCI McfOi 3 0 . 1 3 9

r
STATE OP NEW YORK COUNTY OF NEW YORK •) )

c
ss

On this 3 0 a a y of o t J C personally came /V^^T'-^*— L-t—SfO^

, 198Ji before me to me known and

known to me to be the iit.w^->^

/^^^vj—

of the City of New York and the same person who executed the foregoing instrument and he acknowledged that the executed the foregoing instrument on behalf of the City of New York in his official capacity pursuant to the authority vested in him by resolution of the Board of Estimate, date and calendar number set forth in the within instrument.

Notary Pi;:',::c. O'^-.s oi NBW York Cusiliisd in 'Jueens County Commission Expires March 30,1Sa4

r
*

c

Ex.1

STATE OF NEW YORK

) : COUNTY OF NEW YORK ) On this

ss.:

y ^ d a y of

C^)ct«fc-^, 19B-3, before me

personally came DAVID N. DINKINS with whorr, I am personally acquainted and known to me to be the City Clerk of the City of New York, being by me duly sworn, deposes and says: that he resides at ^

that he is the City Clerk cf the City of New York, the corporation described in ana which executed the foregoing instrument; that he knows the seal of said corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed as provided by law; and that he signed his name thereto as City Clerk by like authority.
^
C"

f\ f
\\ I

^

RAOUEL E. VIDAL
yCommiswonoro? Deeds

y

Commiuton Ekpiree October 1,1984

•.• ' '' r"
,^. j^

C

C Rm3464Hoc 465

THIS INDENTURE AND ELEVENTH SUPPLEMENTAL AGREEMENT OF THE AIRPORT TERMINALS LEASE, made as of the 11th day of December, 1992, between THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic, created by Compact between the States of New York and New Jersey, with the consent of Congress, having tts office at One World Trade Center. Borough of Manhattan. City. County and State of New York, .'(hereinafter referred to as the "Port Authority") and THE CITY OF NEW YORK, a '"'• \ municipal corporation of the State of New York, having its principol office at City Hall, In the Borough of Manhattan, City, County and State of New York (hereinafter referred to as the "City"), WITNESSETH THAT: WHEREAS, pursuant to that certain Agreement with respect to Municipal Air Terminals between the City and the Port Authority dated April 17, 1947. which was recorded on May 22, 1947, in the Office of the Register (Queens County). New York in Liber 5402 of Conveyances, page 319, and as such Agreement has been supplemented from time to time (the 'Air Terminals Lease"), the City has demised io the Port Authority certain described premises for air terminal purposes and certain purposes incidental thereto (collectively, 'Air Terminals Uses'); and WHEREAS, the Air Terminals Lease provides, among other things, that the Port Authority shall, immediately upon acqulsttlon of any lands and improvements thereon or rights, eosements or interests therein for use in exten^on of the municipal air terminals or for use in maintaining airplane beacons, guides or other aids to navigation (collectively. "Acquisition Purposes'), convey the same to the City without consideration, and such properly shall become part of the premises demised under the Air Terminals Lease; and WHEREAS, the Port Authority has acquired certain real property hereinafter described (said real • property and an easement acquired in connection v*/Tth the acquisition of such property being hereinafter referred to as the "Property"), subject to the encumbrances and exceptions specified herein for Acquisition Purposes; and WHEREAS, pursuant to the Air Terminals Lease, the Port Authority desires to convey the Property to the City; and WHEREAS, pursuant to fhe Air Terminals Lease, the City desires to accept fee titie to the Property and to lease the Property back to the Port Authority; and WHEREAS, the Port Authority and the City wish to enter into certain understandings with respect to the Property;

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REEL3464PACE

466

^ J^

NOW, THEREFORE, in cbnsldieration of the premises herein and uridertakings hereinafter set forth and because iY\e Port Authortty has acquired. and hereby represents that It has acquired. tt»e Property for Acquisition Purposes, the Port Authortty and the City hereby agree as follows:

1. The Port Authority does, in accordance with orxl pursuant to th»e requirements of the Air Terminals Lease, hereby remise, release and quit '^, ^' claim unto the City, its successors and assigns forever, all right, title ar»d interest ^ of ihe Port Auttrarity in and to ttne Property which Is described as follows: ALL these lots, pieces or parcels of land. If any, thereon, situate In the Borough ond County of Queens, City and State of New Yoric, bounded and described as set forth In Exhibit A and Schedule 8-1 hereto and the easement conveyed to Ihe Port Auttwrtty and Its successors and asslgrw In the deed conveying such parcels of land to the Port Authortty on the areas bounded arxi described as set forth in Exhibit B hereto. Subject, however, to the following: (a) the Air Terminals Lease, and all rights of the City and Ihe Port Authortty, respectively, as lessor and lessee or otherwise thereunder; (b) outstanding title in the People of the State of New York or In . the City and liens and encumbrances In fervor of fhe People of the State of New Yoric or ihe City which reduce the estate or interest of any of the former owners; (c) encroachments, if any. upon t^ie premises herein described of any stnjctures or appurtenances stondirtg or maintained partly upon the premises herein described and partly upon the adjoirting premises; (d) any state of facts which an accurate survey may show; (e) the Cable Facilities Lease and the Barterama Agreement as such terms are defined in the license agreement referred to in paragraph 3 below. (f) the attached Permitted Exceptiorw as described in Schedule D of tt>e Contract of Sale entered Into between t^»e New Yortc Racing Association, Inc. (NYRA) and the Port Authortty dated December 10, 1992.
«

(g) ttie easement reserved by NYRA in the deed conveying the /V Property to the Port Authority on the area bounded and descrtbed as set forth ^ ' '^^ in Exhibit^ hereto. ^0.

V

2. The City, pursuant to the Air Terminals Lease, hereby accepts ttie conveyance from the Port Authortty and leases the Property to the Port

Authority and the Port Authority, pursuant to the Air Terminals Lease, hereby leases ttie Property from the City for Air Terminals Uses. 3. The Port Authority and NYRA have entered into a license agreement (the "Ucense Agreement') dated as of ihe date hereof, a copy of which has been provided to the City, permitting NYRA to use the Premises in , bcccxdance with the terms and conditions of the Ucense Agreement. The Port ^'^ ^AuttKjrtty shall not amend or modify the Ucense Agreement without the City's "prior written consent which shall rK)t be unrecasonably withheld. 4. In tt>e event the License Agreement terminates before the Port Authortty hcas commenced use of ihe Property for Air Terminals Uses and fhe Port Authortty does not plan to commence such use of thie Property vrtHiin six (6) monttis of such termination, the Port Authority shall, corwistent with Its plans for the Property, 0 diligently and continuously use such good faith efforts as the City and the Port Authortty shall agree are appropriate to obtain other licensees to use the Property for Interim uses under licerwe agreements wNch will also obligate such new licensees to pay to the City payments In lieu of Tcsxes CPILOr) in amounts to be determined by the City pursuant to such agreement as the City and t t ^ new licensee shall enter into; and O provided D ttie Port Authority has been unable to find a licensee to replace NYRA or any licensee subsequent to NYRA, the Port Authority stiall negotiate in good faith with such person or entity as may be proposed by ihe City. The Port Authority stxjtl not enter into a license .agreement with any person unless the City, by its prior written consent, wWch corisent shall not be unreasonably wlthtield, has (x) approved such person On those instances where the Port Authority has proposed tt^e licensee); and (y) approved the license agreement to be entered Into (regardless of wtiether ttie Port Auttx^rtty or t l ^ City has proposed the licensee in question). It shall be reasonable for the City to withhold Its consent if. without limitation, the proposed licensee: (i) does not agree to pay PILOT In an amount equal to full taxes on the Property pursuant to an agreement substantially ^milar to the NYRA PILOT Agreement as hereinafter defined; or Q{) upon Investigation. Is revealed to tje a 'prohibited person* as such term Is defined in Schedule I annexed hereto; or (Hi) the proposed liceree agreement does not contain, without limitation, provislor^s which (aa) indemnify the City, arKl (bb) insure the City as an additional insured under the licer^ee's liability insurance policy, and (cc) require the City's cor^ent for sub-llcerjses. wNch consent may be unreasonably witt^eld. and (dd) establish thcrf an event of default under the PILOT agreement is an event of default under the licerwe agreement, arvd (ee) upon the occurrence of the cross-defauft referred to in 'dd' preceding, give the Port Authortty the right to terminate the licerTse agreement, eject the licensee from the Property, collect PILOT arrears, and enforce PILOT agreement obligations, and (ff) set forth o covenant on the port of the licerwee to not violate, whether by action or inaction, the terms and conditions of the Air Terminals Lease, and (gg) provide for rights of revocation in ihe Port Authority which are consistent with the nature of a licensor-Ilcerisee relationship and (hh) prohibit certain dealings concerning South Africa (see

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C iiEEL3464pAGt 4 6 8

Schedu/e }l annexed hereto), and (u) prohibit certa'tn deaUngs concerning Northern Ireland (see Schedule HI annexed hereto). To the extent it has discretion, the Port Authority will not consent to subleases requested by Queens Inner Unity Cable Systems pursuant to the Cable Facilities Lease or sublicenses requested by the Barterama Corporation pursuant to the Barterama Agreement without the City's consent, which will not be unreasonably withheld. For . purposes of this paragraph 4. the Port Authority will be deemed to hove ''•-Gbrnmenced use of the Property for Air Terminals Uses only when woric required in connection with a projec:t (including site preparation woric) has actually begun on the Property, and not because design or other planning woric has begun for a project at the Property. 5. Upon receipt of notice from the City that an "Event of Default' has occurred under that certain PILOT Agreement entered into between the City and NYRA. dated the date hereof (ihe "NYRA PILOT Agreement") or other subsequent PILOT agreements (as the case may be and as the term 'Event of Default' Is and shall be defined under such agreements), the Port Authority shall within thirty-five (35) days of the receipt of such notice; unless NYRA or other licensee (as the cose may be) has cured such default within such 35-day period; G) duly deliver a notice of termination to terminate the Licensee Agreement or other license agreement (as the case may be) and 00 take legal action to eject NYRA or other licensee (as the case may be) from the Property once the applicable license agreement is terminated pursuant to such notice. 6. Until the Port Authority commences use of the Property for Air Terminals Uses as provided in paragraph 4 of this Agreement, the rent paid to the City by the Port Authority pursuant to the Air Terminals Lease shall remain undiminished by C) the addition of the Property to the demise of the Air Terminals Lease. Oi) the expenditure by the Port Authority of any and all monies for the acquisition of the Property, and Oil) the expenditure by the Port Authortty of any monies for ihe operation and maintenance of the Property, Including but not limited to. the cost of the Port Authority's staff time, whether allocated or dedicated directly to the Property COperc^ting Costs'); so thcrt, and except as provided below for p>ortlons of the Property on which the Port Authority has from time to time commenced Air Terminals Uses (as provided in paragraph 4), rental shall be paid to the City as If the Property had not been added to the demise and as if the Port Authority had not mode any expenditure whatsoever for the acquisition, operotion or maintenance of the Property. Specifically, and without limiting the generality of the foregoing: I. The Port Authority shall not take account of its acquisition costs for the Property in calculcating Imputed Debt Service B as defined in paragraph 1 (H) of the Ninth Supplemental Agreement of the Air Terminals Lease for the Property for any period occurring prior to the Port Authority commencing use of the Property for Air Terminals Uses (as provided in paragraph 4) notwithstanding that the Port Authortty would otherwise take account of such

C

C

RtEL 3 4 6 4 PAuI; 4 6 9

costs; provided, however, that in the event commencement of such use occurs with respect to a portion of the Property, the Port Authority may take account, in calculating Imputed Debt Service B, such portion of the acquisition costs as may be proportloncrtely allocated to the portion of the Property in question. The proportionate alloccrtion shall equal the produc:t obtained by multiplying the total acquisition cost of the Property by a fraction the numerator of wt^Ich shall be t t ^ number of acres (rounded down to the nearest whole acre) in such portion of t t ^ Property so taken and the denominator of which shall be total acreage of the Property. II. In determNng the amount of rent. oddltlorKal or ott^rwise, owing to tfie Ctty under the Air Terminals Lease for arty rental pericxj, the Port Auttwrity shall not reduce the net amount to be paid to itye City by deduc:ting or offsetting Operating Costs expended by the Port Authortty for. or on account of, a wNch may be attributable to the Property; provided, however, that In the event commencement of use of the Property for Airport Terminals Uses (as provided in paragraph 4) occurs with respecrt to a portion of the Property, the Port Authority may allocate a portion of the Opercatlng Costs which are attributable to and/or proportionately allocable to the portion of the Property In question and then, take Into such allcx:ated and/or c3ttritxrted portion of tt>e Opercjting Costs in calculating the net rental amount owing to itne City. Proportionate allocation shall be calculated in t^»e same manner as herelr^before applied to Imputed Debt Service B. 7. Notwithstanding anything to the contrary.In paragraph 6 preceding, upon commencement of use of the Property (or any part thereof) for Air Terminals Uses (as provided in paragraph 4). the acquisition cost (of tt>e Property) upon which the Port Authority calculates Imputed Debt Service B, shall be reduced by G) the aggregate amount of license fees and other income, if any, previously received by the Port Authority from the Property less 01) tt^e aggregate amount of Operatir>g Costs. If only a portion of the Property shall be used for such Air Terminals Uses, ttien In calculcating proportionate allocation of Imputed Debt Service B for such portion, income from the Property shall also be proportionately allcx:ated to the portion of the property in question. 8. The Port Authortty shall notify the City with respect to commencing use of the Property or any portion thereof for Air Terminals Uses (OS provided in paragraph 4). describing the reason for such action and t t ^ anticipated Air Terminals Uses. 9. Except to the extent prevented by applicable low, the Port Authority shall obtain a tax lot subdivision pursuant to which the Property is separated out of the tax lot of which it currently forms a part aax Lot 2,,Block 11643. Queens County) within 12 monttis of the date l^reof. The City recognizes thcrt ihe Port Authority's ability to obtain such tax tot subdivision is dependent upon t t ^ performance by NYRA of its obligatioris with respect to

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»Ea3464pA« 4 7 0

such subdivision as are contained in the PILOT Agreement, 10. No costs incurred by the Port Authority pursuant to obligations t o b e performed by t t ^ Port Authority under t t ^ Agreement shall be reimbursed by the City. 11. Except as modified herein, the Air Terminals Lease shall remain unmodified a n d in full force and effect. 12. This Agreement may be executed In separate counterparts. IN V^/TTNESS WHEREOF, the parties hereto have caused their corporate seals t o b e hereunto affixed and duly attested and ttils Agreement t o b e signed by their authorized officer tt^ day and year first above written.

ATTEST:

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

By:
Secretary

^

Stanley Brezenoff StanlQv Brfezenoff i^ Executive Director

ATTEST:

THE CITY OF NEW YORK

By:
City Cleric Barry F. Sullivan, Deputy Mayor For RrKince and Economic Development

Approved as to Form:

Approved as to Form:

Acting Corporation Cour^sel

[ r

/

General Counsel

c

c

REa;i4b4pAiiE 4 / 1

such subdivision as ore contained in the PILOT Agreement. 10. No costs incurred by the Port Authority pursuant to obligations to be performed by the Port Authority under this Agreement shall b e reimbursed by the City. 11. Except as modified herein, the Air Terminals Lease shall remain unmodified Qf\d in full force and effect. 12. TNs Agreement may be executed In separate counterparts. IN WITNESS WHEREOF, tine parties hereto have caused their corporate seals to be hereunto affixed and duly attested and this Agreement t o be 5igr>ed by their authortzed officer the day and year first above written.

ATTEST:

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

By:
Secretary Stanley Brezenoff Executive Director

ATTEST:

THE CITY OF NEW YORK

Bv: S ^ 7 ^ > £ - ^ 2 ^ —
Criy Cleric Barry F. Sullivan, Deputy Mayor For Rnance arvd Economic Development

Approved as to ForiTi:

Approved as to Form:

Acting Corporation Counsel

General Counsel

C STATE OF NEW YORK ) ' : SS.: COUNTY OF NEW YORK)
Ex.1

C

REEL3464PACE

472

On this | o ^ day of December. 1992. before me personally come "^At^-^^Y f=. ^ouL.<v,a#o , to me kr»own and kr»own to me to be tt»e Deputy Mayor of Tl^e City of New Yoric and the same person wtvD executed the above Instnjment, and (s)h»e ackrv^wtedged that (s)he executed tt>e foregoing instrument on behalf of The City of New YOric as sold Deputy Mayor pursuant to tt>e authority vested In him/her.

Notary Public
CONCETIAMIELE CominltakinTof Daeds ChvpfNawVofk-Na2-7034 ^ Certmeate FDod In Kln0B County ^ ^ Commission Eivires AprU 1, I S L L T ^

STATE OF NEW YORK

) : SS.:

cour^nv
CAUUX.

OF NEW YORK )

On rtnis//^ day of December, 1992. before me personally came CC>frjt^ , to me knosvn and known to me to be the City Cleric of Tt^ City of New Yoric, who, being by me duly sworn, did depose and say that he resides at ; that he is the City Cleric of Th»e (ilty of New Yoric the corporation described In arxJ which executed ttie above Instrument; that he kr»ows the seal of said corporation, that t t ^ seal affixed to said instrument is such seal; that it was so affixed cas provided by iciw, and that he signed his name thereto as City Cleric by like auttx>rtty.

o

Notary Pubfic

MARGARET A. TEMPUE CowmUsiony of Doeda O t r d H w v Y W k - N o . 1-6714 CiUnMto ntod tn Manhattan Coumy Geromlalon Eaplros SepL 1, t a s : i

C
STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK)
Ex.1

C

REEL3464WOE

473

On thisf^" day of December, 1992. before me personally came (£hl ^^SJ'eA-/>\A^ . to me known and known to me to be the Acting Corporation Counsel of The City of IMew Yoric, who. belna by me dulv sworn, did depose and say that he resides at that he is the Acting Corporation Counsel of The City of New YOric ihe corporation described In and which executed the above instrument; that he knows ihe seal of said ccKporation, ttxat the seal affixed to said instnjment is such seal; that It was so affixed as provided by Icaw, and tt\at he signed his name ttiereto as Acting Corporation Counsel by like authority.

Notary Public
WCHARO E. tt«8HM.C HsttfV Public. Btatfl ot U** T*m

8

^
STATE OF NEW YORK ) " ss. COUNTY OF NEW YORK )

^ mMMmt 474

On this ..^[ll^ay of ^.^Q/fnJxA 1992. before me. the subscriber, personally appeared Stanley Brezenoff. Executive Director of The Port Authortty of New Yoric and New Jersey, with offices at Or^e Worid Trade Center. 67 Roor, New Yortc. New Yoric. who 1 am satisfied is tt»e person who has signed the wtthin Ir^tTument and I. having first mode known to hdm the contents thereof, he did acknowledge Xndi he signed, ooolod with tho oofporato oool and delivered fne same as such officer aforesaid and ttKrt tt>e within Instrument is ttw voluntary act arKJ deed of such corporation, made by virtue of the authortty of the Board of Commissioners of The Port Authrolty of New Yoric and New Jersey.

Notary Public
LAWRENCE W. SCHEYER Notary Public. State of New YbrK No. 31-4733435 Qualified (fl New Yortc County JL Commission Espires June 30,1997^

RR13464MH 4 7 5
BKUbU A •

Port Authority Property Line Area = 1,131,352.78 square feet, 25,97 acres. All that certain plot, piece or parcel of land lying and being in the borough of Queens, city and state of New York bounded and described as follows: Beginning at a point on the Northerly side of North Conduit Avenue, said point being the following courses and distances from the comer formed by the intersection of the Northerly side of North Conduit Avenue and the Westerly side of 114 Street (60 feet wide) . South 59''-31'"52" West 298.32 feet South 64"-52'-32" West 337.76 feet to a point of curve Southwesterly along the Northerly side of North Conduit Avenue as it curves having a radius of 1375.30 feet a distance of 176.28 feet to said point of BEGINNING. Thence Southwesterly along the Northerly side of North Conduit along a curve having a radius of 1375.30 feet a distance of 223.49 feet to a point of tangency. Thence the following courses and distances along t h Northerly side :e of North Conduit Avenue: South BV -31'"49". West 151.31 feet South 79' -25'"12" West 149.59 feet South 80"-38'-48" West 112.62 feet to the Easterly side of the land of t:he Long Island Rail Road. Thence the following courses and distances along the Easterly side of the land of the Long Island Rail Road: North North North North North North 12*-ll'-48" West 49°-16'"48" West 12''-ll'-48" West 49''-16'-48" West 45"-49'"23" West 44*'-15'-09" West 0.83 feet 33-17 feet 8.29 feet 1248.25 feet 165.84 feet 62.04 feet to a point.

Thence the following courses and distances: North 45«-44'"5l" East 50.64 feet North 28*-15'"-57" East 85.50 feet North 72^-38'-36" East 216.88 feet South 17*'-21'-24" East 22.30 feet North 72"-44'-21" East 174.62 feet North 00''-12'-3S" East 20.27 feet to a point on a curve. Southeasterly along a curve having a radius of 70 feet, 57.62 feet to a point of tangency. South 42'-37'-34" East 55.00 feet South 44''-42'-27" East 131.85 feet to a point of curve.

Southeasterly along a curve having a radius of 530 feet, a distance of 53-85 feet to a point of tangency. South 50^-31'-44** East 46.47 feet to a point of curve. Southeasterly along a curve having a radius of 14 0 feet, a distance of 39.06 feet to a point of tangency. South 66«-30'-47" East 153.69 feet to a point of curve Southeasterly along a curve having a radius of 640 feet, a distance of 369.15 feet to a point of tangency. North 80*-26'-21'* East 280 feet to a point of curve. Southeasterly along a curve having a radius of 104 feet, a distance of 119.82 feet to a point of conpound curve. Southeasterly along a curve having a radius of 310 feet, a distance of 130.55 feet to a point of tangency. South 09''-25'-24'' East 228.45 feet South 08*-59'-31" East 269-03 feet South 01' -28'-49" East 153.78 feet to the point of place of beginning. together with the structure shown in cross-hatching on the attached Schedule B-1

I

.3454*«it 477
S c h e d u l e B-1

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RCEL3464p«t 4 7 8

Easement to Port Authority Area » 85,005.33 square feet, 1.95 acres. All that certain plot, piece or parcel of land lying and being in the borough of Queens, City and State of New York bounded and described as follows: Beginning at a point on t*e Northerly side of North Conduit Avenue, said point being the following courses and distances from the comer formed by the intersection of the Northerly side of North Conduit Avenue and the Westerly side of 114 Street (60 feet wide). South 59''-31'-52" West 298.32 feet Sout:h 64'-52'-32" West 337.76 feet to a point of curve Sout:hwesterly along the Northerly side of North Conduit Avenue as it curves having a radius of 1375.30 feet a distance of 176.28 feet to said point of BEGINNING. Running thence the following courses and distances: North 01''-2S'-49" West 153.78 feet NortJi 08"-59'-31" West 269.03 feet North 09*-25'-24" West 228.45 feet to a point of curve Northwesterly along, a curve having a radius of 310 feet a distance of 130.55 feet to a point of compound curve. Northwesterly along a curve having a radius of 104 feet a distance of 119.82 feet to a point of tangency. South 80*'-26'-21" West 280 feet to a point of curve. Northwesterly along a curve having a radius of 640 feet a distance of 369.15 feet to a point of tangency. North 66"-30'-47" West 153.69 feet to a point of curve. Northwesterly along a curve having a radius of 140 feet a distance of 39.06 feet to a point of tangency. North 50"-31'-44" West 46.47 feet to a point of curve. Northwesterly along a curve having a radius of 530 feet a distance of 53.85 feet to a point of tangency. North 44"-42'-27" West 131.85 feet North 42''-37'-34" West 55 feet to a point of curve. Northwesterly along a curve having a radius of 70 feet a distance of 57.62 feet to a point. Sout:h 00"-12'-35" West 20.27 feet South 72"-44'-21" West 174.62 feet North 17*-21'-24" West 22.30 feet South 72'-38'-36" West 216.88 feet South 28"-15'-57" West 85.50 feet South 45*-44'-51" West 50.64 feet North 44"-15'-09" West 17,86 feet North 45'-44'-51" East 24,11 feet North 28'-15'-57" East 115.64 feet North 72"-38'-36" East 386.70 feet to a point of curve. Southeasterly along a curve having a radius of 95 feet a distance of 107.33 feet to a point of tangency.

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RKL3464m 479

South 42'-37'-34" East 54.55 feet South 44*-42'-27" East 131.39 feet to a point of curve Southeasterly along a curve having a radius of 505 feet a distance of 51.31 feet to a point of tangency. South 50''-31'-44" East 46.47 feet to a point of curve. Southeasterly along a curve having a radius of 115 feet a distance of 32.08 feet to a point of tangency. South '66"-30'-47" East 153.69 feet to a point of curve Sout:heasterly along a curve having a radius of 615 feet a distance of 354.73 feet to a point of tangency. North 80''-26'-21" East 280 feet to a point of curve. Soutiheasterly along a curve having a radius of 129 feet a distance of 148.62 feet to a point of compound curve. Southeasterly along a curve having a radius of 335 feet a distance of 141.07 feet to a point of tangency. South 09"-25'-24" East 228.54 feet S o u t h 10"-02'-30" East 180.75 feet to a point of curve. Southeasterly along a curve having a radius of 130 feet a distance of 100 feet to a point of compound curve. Southeasterly along a curve having a radius of 154 feet a distance of 60.36 feet to a point. South 19*-44'-18" East 86.81 feet to the Northerly side of North Conduit Avenue. Southwesterly along the Northerly side of North Conduit Avenue as it curves having a radius of 1375.30 feet a distance of 156.31 feet to the point or place of beginning.

•r
36 ,551 .523 •Sm •527 .529 .530 .531 i533 L535 L537 1539 c 1541 1543 1545 1546 1548 1550 1552
>«-..

r
Schedule D Permitted Exceptions

Rfa3464ww 480

(1) Taxes, tax liens, tax sales, water rates, sever rents and assessments not yet due and payable. (2) Any state of facts shown on the survey of tbe Conveyance Parcel b y Erlandsen-Crowell & Shaw dated December J ^ , 1992, (3)
1
.^

Deed recorded in Liber 6815 page 100. Sewer Declaration in Liber 5178 page 223 Agreement recorded in Liber 5140 page 373. Water Agreement recorded in Liber 5703 page 650. Water Agreement recorded in Liber 4108 page 427. Sewier Agreement recorded in Liber 2172 cp. 8 5 .

( '(4) ) (6) £7) (8)

(9) Declaration regarding maintenance of storm drain recorded in Liber 7010 cp. 594. (10) T h e Cable Facilities Lease. (11) The Parking Lot License. (12) T h e Barterama Agreement-

IB 17 IB 19

DRAFT:

12/08/92

FS100:a73PA01

. y TWELFTH SUPPLEMEMTAL AGREEMENT, made 0& of tr»e " ^ ^ d ^ of fp>-^ 1994 between THE CITY OF NEW YORK, a New Yoric municipal corporation, hereinafter called tt>e Oty', and THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic created by compact between tt>e States of New Yortc and New Jersey with th»e consent of Congress, hereinafter colled *the Port Authority.' WITNESSETH: WHEREAS, under the date of April 17, 1947, the City and the Port Authiortty entered into on Agreement With ResF>ect to Municipal ^ r Terminals, (hereinafter referred to as tf»e 'Original Agreement*), providing for the improvement, development, operation arKl maintenarKe of John F. Kennedy InterrKJtional Airport a i ^ LaGuardia Airport by tf»e Port Autt^ority; and WHEREAS, under dates of May 26, 1949, November 7, 1952, May 28, 1956, November 6, 1958, October 3, 1960. August 24. 1965, December 21, 1965, December 12, 1968, February 18, 1982, September 30, 1983 and December 11, 1992, ttie City arid the Port Authortty have duly amended. extended, supplemented and modified sold Original Agreement; arxd WHEREAS, the City wishes to lease to Vne Port Authority and the Port Authortty wishes to let from the City certain additional real property adjacent to LaGuardia Airport for the purposes set forth herein. NOW. THEREFORE, the City and the Port Authority hereby mutually undertake, promise and agree, each for Itself and its successors and assigrts. that said Original Agreement, as previously amer*ded, extended, supplemented and modified stvall be and It is hereby furttier amerced, supplemented and modified as follows: Section One The City hereby demises and leases to the Port Authortty and the Port Authority does hereby hire and take from the City for use O an aircraft runway overrun area, tt>e additional real property owned by S the City more ^ecifically described below, to have and to hold unto the Port Authority from tt»e date of ttils Twelfth Supplemental Agreement untn the expiration or soor»er termination of the Original Agreement, subject to all of the terms, coverxants and conditions set forth in said Original Agreement as prevkxjsly amended, extended, supplemented and modified: ALL that lot. piece or parcel of ksrd, v/ith buildings and improvements. If any, thereon, situate in the Borough and County of Queens, City and State of New Yoric, bounded and descrtbed as follows: BEGINNING at a point in the easterty boundary line of LaGuardia Airport having a coordinate value of South 26,876.993 feet and East 31340.163 feet formed by tfie intersection of the first and secor^d courses of a parcel of land demised to The Port Authortty of New Yori< and New Jersey by the City of New Yortc on September 30, 1983 by the Tenth Supplemental Agreement, recorded in tt»e New Yoric City Register's Office for Queers Ccxjnty on March 12, 1984 in Reel 1650 at page 632 and running:

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1. South 78''-43'-3r East a distance of 450.00 feet along said easterty boundary line to a point havlr»g a ccxsrdinate value of South 26,964.974 feet and East 31.781.478 feet; thence # 2. North 18'*-27'-15" East a distance of 20.773 feet departing from said easterty boundary llr>e to a point tKiving a coordinc:te value of South 26,945.270 feet and East 31,788.054 feet; thence 3. South 86"-41'-13' East a distance of 220.00 feet to a point having a c<X)rdlnate value of South 26,957.984 feet and East 32X)07.686 feet; ther^e 4. North 18''-27'-15' East a distance of 258.99 feet to a point having a coordinate value of South 26, 712.311 feet and East 32.089.669 feet; thence 5. North 86''-41'-13' West a distance of 220.00 feet to a point having a coordinate value of Sooth 26,699.597 feet and East 31,870.036 feet; thence 6. North 18'*-27'-15' East a distance of 360.199 feet to a point having a ccx>rdlrKJte value of South 26,357.921 feet and East 31,984.055 feet; thenc^e 7. North 3'^-05'-15' East a distance of 800.00 feet to a point having a coordinate value of South 25,659.082 feet and East 32,027.144 feet; thence 8. North 50*'-30'-13' West a distance of 298.209 feet to a point havir^g a coordinate value of South 25,369.412 feet and East 31,797.026 feet; thence 9. North 86*-54'-45' West a distance of 750.00 feet to a point having a ccxjrdlnate value of South 25,329.016 feet and East 31D48.115 feet; thence 10. South 38*-44'-34' West a distance of 283.064 feet to a point in the original boundary line of land demised to The Port Authortty of New Ycjrtc and New Jersey by the Ctty of New Yoric In an Agreement with respect to Muriidpat Air Terminals, dated AprtI 17,1947 and recorded In the New Ycjric Cfty Register's Office for Queens Ccxinty on May 22, 1947 In Uber 5402 of conveyarce at poge 319 and having a coordinate value of South 25,549.796 feet and Bast 30,870.966 feet: thence '"^ n . South 86*'-54'-45' East a distance of 340.00 feet along said boundary line to a point of curvature txaving a coordinate value of Scxrth 25,568.109 feet and East 31,210.473 feet; thence 12. EcKteriy, southeasteriy and soutt^riy along said boundary line of LaGuardia Airport and along ihe arc of a circle, having a radius of 200.00 feet, a central angle of 90**-00'-00' and an ore lerigth of 314.159 feet to a point of tangency having a coordinate value of South 25,778.590 feet and East 3U99.410 feet; thence

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13. South 3*'-05'-15' West along said boundary lir»e a distance of 1100.00 feet to the point and place of beginnir^. lt\e coordinates and bearings mentioned in tt>e description hereirxabove refer to the rec:tangular system of coordinates establist^d by the Topographical Bureau of tt>e Borough of Queers, CHy of New Yortc, grid North being 28**-59'-13.6' East of true North. Section Two. Except as hereir»above provided, all of tt»e terms, conditiorTS, covenants and agreements of ihe Original Agreement, as itte same has been previously amended, extervjed, supplemented a n d modified, stxill be and remain In full force and effect. Sec:tion Three. No Commlssior»er, director, officer, agent ex employee of eitt^er party shall be charged personally or held ccjntractually liable by or to the other party under any term or provision of this Twelfth Supplemental Agreement, or because of its execnjtion or attempted executk)n or because of any breach or alleged breach tt»ereof. IN WITNESS WHEREOF, the City has caused Its corporate seal to be hereunto affixed and duly attested and this Agreement to be signed by Its Mayor; aryj the Port Authortty has caused its corporate seal to b e hereunto affixed and duly attested and this Agreement to be signed by Its Executive Direc:tor, as of the day and year first above written.

ATTEST:

THE CRY OF NEW YORK

City Cleric

ATTEST:

THE PORT AUTHORITY OF NEW YORK AND NEW JERS!

Secretary

Executive Dir

Approved as M Form: < j

Approved as to Form:

Actir^g Corporation Cour^el

General Cour»sei

STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK)

On t t ^ 2--? came /^fe^ J- h t ^ i ^ (M

day of

^^TZ^v"^

1994. before me personally

to me known and known to me to be tt>e _

n n ^ t ^ f f ^ ^ i P ^ i n ^ ^ of ihe City of New Yortc and th»e same person who

executed the fcxegoing instrument arxi tie ac:krK>wtedged that he executed t t ^ foregoing instrument on behalf of tt»e City of New Yortc In his official capacity pursuant to the auttiortty vested In him by c^^dth^t^U/^Cc^ .

r-^^

^ ^ ' - >V»V-. / ,

>

STATE OF NEW YORK ) SS.: COUNTY OF NEW YORK)

OnttHs

. 1994, before me persorxally to me known, v^ri^ t>elng by me

came and appeared

duly sworr^. did depbse that He is the ^ M J ' J . c / U t ^ ^ i/'<^^g::^2^f THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, a body corporate and politic created by Compact between the States of New Yortc arxj New Jersey, with the consent of Congress, described In and which executed Xt\e foregoing instajment; that he knows the seal of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY aforesaid; that the seal affixed to said instrument is such seal; that It was so affixecj by order of ttie Commissioners of THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY and that he signed his name tt>ereto by like order.

KAUN E. (A'TIAAN NoMry PuWie. $ut« 0/ Ntw Tort No. 4^66314 Qu»SfiMl b) Ntw York Cowty CoMniuMMi bvirw f j».iwv 28. 1995

STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK)

On this J . ^ day of

J^.^^JJ-^

1994, before me personally

came Js/LMJ(J<^. ^ . ^ u u r ^ ' i ^ ^ h whom I am personally acquainted and known to me to be the City Cleric of t t ^ City of New Yoric, being by me duly sworn, cJeposes ond says: tt»at r^ is ttie City Cleric of the City of New Yoric, the ccxporatlon described In and whlc:h executed \r\e foregoing instnjment; th»at he kryjws the seal of said corporation that ttie seal affixed to said Instrument is suc:h corporate seal; ttx3t It was so affixed as provided by Icaw; and thcrf he signed his name tt>ereto <S City Cleric by like authority. 3

UARIANNE SNOW Commtuiontr At Oaods d V of t«M« York - No. 3-0B8a C y t t c w l o ttadln New Yortc County QonabADn eiqitroe April i , i&95

THE CITY OF NEW YORK

AND

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

THIRTEENTH SUPPLEMENTAL AGREEMENT WITH RESPECT TO MUNICIPAL AIR TERMINALS

DATED:

February 19

, 1998

THIRTEENTH SUPPLEMENTAL AGREEMENT made as of ilic I9thday of *" February 1998, between THE CITY OF NEW YORK, a New York municipal

corporation, hereinafter called "The City," and THE PORT AUTHORITY OF NEW YORK \ AND NEW JERSEY (formerly known as The.Port of New York Auihority), a body corporate and politic crcMed by Compact between ihc Stales of New York and New Jersey with the consent of Congress, hereinafter called the "Port Autiiority." W I T N E S S E T H , That: WHEREAS, the panics hereto under date of April 17, 1947 have duly entered into an Agreement relating vo Municipal Air Terminals; and WHEREAS, llie said parties have duly amended, supplcmcnicd and modified tlie said agreement by several agreements and/or instruments duly entered into as of May 26, 1949, November 7, 1952, May 28, 1956, November 6, 1958, July 14, 1960, October 3, I960, August 24, 1965, December 21, 1965, December 12, 1968, January 1. 1979, September 30, 1983. December 11, 1992 and June 27, 1994, respectively (as amended, supplemented .'ind modified, the "Agreement"); nnd WHEREAS, the said parties desire to further amend, supplement and modify the Agreement; and WHEREAS, pursuant to the Sixth Supplemental Agreement, dated as of August 24, 1965, inter all;}, the Port Authority surrendered to.the City, inter iilia. a parcel of land referred to as "Parcel 7" in said Sixth Supplemental Agreement, subject to certain conditions imd other reservations of rights as set forth therein; and WHEREAS, the City desires that such conditions and other rcscrvaiions ol rights which tiie Port Authority may hold with respect to Parcel 7 be modified with respect to a portion

t)f Parcel 7 so thai such portion may be developed for use by the Federal Aviation Auihority for ^. office space, and the Port Aulhoriiy agrees to such modifications; NOW, THEREFORE, for good and valuable consideration, receipt of wliich is O . hereby acknowledged, it is mutually agreed as follows: The Port Authority reaffirms the surrender as provided in and pursuant to the Sixth Supplemental Agreement of that portion of Parcel 7, as generally depleted by shading in the annexed Schedule "A", and more particularly described in the annexed Schedule "B" ("Subparccl 7a"), and all the estate, right, title, interest, terms of years, property, claim and demand whatsoever of the Port Authority of, in, to and out of the same, subject, however, to the conditions, covenants, reservations, restrictions and other rights of the Port Auihority thereunder; and the Port Authority further agrees, covenants and consents that the City and any succcssor(s)-in-inierest may use and develop Subparccl 7a with one or more structures for commercial, insiiluiional or governmental purposes, including without ijmilaiion ancillary parking, improvements and other ancillary uses; provided that (a) in no event shall any structure or any fixture, attachment or appurtenance rise above the present ground level in excess of 100 feet, and (b) any development and use or proposed development and use on or of Subparcel 7a shall be subject Io and shall noi intrude or encroach upon or within iwcniy-five feet of any existing utililics or any alteration, modification or replacement or improvement thereof, and the Port Authority shall be granted unfettered direct access thereto for all purposes. All conditions, covenants, restrictions, reservations and any and alt other rights of the Port Authority with respect to Subparcel 7a are, to the extent same do not conflict with the terms of the foregoing, '•* . reaffirmed in their entirety.

.9.

This covenant shall run with the land and shall bind and inure to the benefit of « the sueccssors-in-interest and assigns of the parlies hereto. All provisions, terms and conditions set forth in the Agreement not modified by f this instrument shall remain in Cull force and effect and are reatfirmcd in their entirety. IN WITNESS WHEREOF, the City lias caused its seal to lie hereunto affixed and duly attested and this agreement to be signed by its Deputy Mayor; and the Port Auihority has caused its corporate seal to be hereunto affixed and duly attested and this agreement to he signed by its Executive Director, as of the day and year first written above.

City Clerk

January. 26. 1991 DATE

THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

February 19» 19S DATE

Apprwd as to form January 26, 1996 DT AE

'- Acting Corpomiion' Counsel

General Counsel

^f

STATE OF NEW YORK )
) ss:

Ex.1

COUNTY OF NEW YORK )
On this / ? nUay or$-.g^^^/^^^t->^-^^^^^98, before me came RuUciTDoylc. lo me known, who, being by me duly sworn, did depose and say that he resides at , that he Ihef^Kxiculivc Director oT the Port AuUiority^^' New York and New Jersey, the corporation described in, and which executed the foregoing instrument; tlial he knows the seal of said corpt>ration; that the seal affixed to said instrument is such corporate seal; that ii was so affixed by order of the Commissioners of said corporation; and that he signed his name thereto by like order.

h IM J A-^a^ J nt^^-^
KAREN E.EASTMAN Nomry Public. State ot Now Vbrtt No. 4766314 QualifijdinNewYorkCa^ ^'Offwiwsion Expires Feo. 28.1999

^

-4-

%

STATE OF NEW YORK

)
) ss.

Ex.1

COUNTY OF NEW YORK )
- On this ^ 4 ^^y "i^ J(^ •>/ \KPJ^ >| 1998, before me iierst>nally came Randy Lovine, to me * known, who, lieing by me duly sworn, did depose and say that he resides at __^ _ ; that he is the Deputy Mayor for Ectmomic Dcveltipmcnt, Planning and Administration of The City of New York, the municipal corporation described in the fi»regoing instrument; and that he executed the foregoing instrument on behalf of The City of New York pursuant to the authority vesicd in him. T\I\A ^ ' /f^/W/^-^i/N

JOr£PH T. OWN
NwifY Public, Snr* of Now York No. ^1-<923758

STATE OF NEW YORK

) ) ss. COUNTY OF NEW YORK ) On

o>^i^J:T.J:„'^J^,\^o^

this S^J^ tlay of iT^^'j^i^il^i - 1998, before me came CccL*^ C^^^a^s _ , witn whom I am personally acquainted, and known lo be Ihe City Clerk of The City of New York, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal oi said City; and that he affixed such seal and signed his name as City Clerk to such instrument pursuant to the authority vested in him.

JOSEPH T. GUNN

N«-n- Public, su,. r ^ ^ No, •(1.4923758
r « « - . ^ * ' " ' ' * ' *" =3»««r« Co«wv

^Zi

-5-

^^LtJt^l^ A

Site Map
V^o::i-;:r;v.v,- r.ouUvard and 159th Street .i^;;i>A.^i:l::':i Gardens, N e w York

BEGINNTNG ax the comer formed by the intersection of the southerly line of Rockaway Boulevard wiih I t h e easterly line of 159* Street; ly %) 3) 4) 5) 6) Running thence southerly, along the easterly line of 159'^ Street, 904.60 feet; Thence easterly, on a line forming an angle of 89*-48*-41" on its northerly side with the previous course, 168.75 feet; Thence nonherly, on a line forming angle of 89**52*-18" on its westerly side with the previous course, 69.76 feet; Thence easterly, on a Imeforrningan angle of 89*'-40'-59" on its southerly side with the previous course, 276.61 feet; Thence northerly, on a line forming a^i angle of 90°-30'-02 on its westerly side with the previous course, 88.04 feet to a point of curvature; Thence northeasterly, on the arc of a circle curving lo the righ^ having aradiusof 350.00 feet and a oemial angle of 89*-09'-0S", 544.60 feet lo a point in the southerly line of Rockaway Boulevard; Thence northeasterly, along the southerly line of Rockaway Boulevard, 165.34 fee: to an angle point therein; Thence still northwesterly, along the southerly line of Rockaway Boulevard, fonning an angle of 177*-00'-25" on its southerly side with the previous course, 723.24 feet to the poini or place of BEGrNNTNC,

7) 8)

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