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ORIGINAL TO CITY CLERK � �CI
°" CITY OF ST. PAUL FOENCIL NO. ;
OFFICE OF THE CITY CLERK � ,
COUNCIL RESO UTION—GENERAL FORM #
PRESENTED BY �/ _.� 'F
COMMISSIONER _ v � ��7 DATF
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� RESOL'VED, that the proper officers of the City of Saint Paul .� -
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are �ereby authorized and directed to enter into an agreement with 0'Neil ' �i= : �
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I Am�isemen`t Company, a partnersh�p consisting of Fred C. 0'Neil and Lou�,se ';: ;
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_ 0'Neil, a copy of which agreement is herewith attached and marked Exhibit =
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"A" and made a part hereof by reference. �
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��RM APPROVE . :� y,
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q�e�, Corpor�tlon Counsel ' �; �
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�PR � -
COUNCILMEN '�
Adopted by the Council 19—
Yeas Nays ,�-
Carlson ��R g� ��� � ! � ' �
Dalglish Approved 19— ;
Holland /' , i
Meredith b Tn Favor � ��. -
.�etersa�� J l�b� Mayor �;
Tedesco Against � ;
�:��i��;:�"�x�r`�:��"::� � PUBLISH�ED APR $ 1967 '
Mr. V�ice President Peterson
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DUrLIGATE TO rRINTER ��
► CITY OF ST. PAUL FIOENCIL N�. '�, _
OFFICE OF THE CITY CLERK � '
COUNCIL RESOLUTION-GENERAL FORM �, ;
PRESENTED 6Y I
COMMISSIONER DATF ' _
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RESOLVED, that the �roper officers of the City of Sai.nt Paul � ! �
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are hereby authorized and directed to enter into an agreement with O�Neil �
Amusement Company, a pa.rtnership consisting o£ Fred C. OtNeil and Lou�.se �I '9
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0'Neil, a copy of which agree2nent is herewith attachecl and maxked Exhibit �!
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"A'• and nade a'part hereof by reference. j �;
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COUNCILMEN Adopted by the Coun�P�R � �9�� 19!�
Yeas Nays �
Carlson �
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Dalglish '
Approved 19—
Holland
Meredith Tn Favor I
�et�san— �yo �
Tedesco --��-Against
���r���i���i����:;::s��i�`•:�:� v
Mr. Vice resi eI� e erson)
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AGREE "•1ENT ��, .�
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This agreement made and entered into this day of ,, �',
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1967, by and between the City cf �aint Paul, a municinal corporation, ��; �
actin b and thro a � ���
g y udh the Commissioner of Parks and Recreation and Public ;
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� Buildings, and other proper City ot£icers, hereinafter referred to as the ;.,
City, and 0'NeiL Amusement Compan}-, a L�artnership consisting of Fred C. 0'Neil +`�
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and Louise 0'Neil, hereinaf�ter referred to as the Contractor, � ��
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,dITNESSETH: � j�
That the City does hereby lease to the Contractor for the park � i'
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season o£ 1967, to and includin� 1y71, the privilege of operatin� amusement '� ��'
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rides in Como Park, upon the following ternis and conditions. I ; _
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1. That the Contractor shall pay to the City for t}ie privileges �
therein granted, $50,000 per year for the operation o£ said amusement rides. �
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The �50,000 ner yeax shall be pazd in five (5) equal monthly payments of {�' '
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$10,000 each; said payment to be made on the lst day of May, June, July, '; ��
August, and September of each year. � '
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2. That the Contractor during the term of this agreement shall ' `_
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pay not less than $60,000 for improvement of the site o� the amusement rides. � �'
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Said improvements to be constructed under the dixection, control and to the � �i
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specifications of the Commission,�r of Paxks and Recreation and Public Buildings. ; :_
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The site improvements shall begin in 1967 and continue each year with an �
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appropriation of not less than �12,000 ner year, to be paid on or before - � ,�
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October 1, o£ each year during the term of this agreement. � r: ,
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3. That the Contractor shall furnish a performance bond in the '#`
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amount of $10,000 as' security for the £aithful perfor;nance of said agreement ' ,�
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2nd for payments of all persons performing labor and furnishing materials i ;�� !
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i.n connection with the agreement. The performance bond shall contain the � t3-
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following rider: a:;
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EXHIBIT "A" �
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"And the said surety, for valucx�ceived, hereby stipulates and ;,
agrees that no change, extension of tir.�e, alterations or additions '�
to the term of the contract-or to the work to be performed there- -� '
under or the speci�ications acconipanying the same shall in any '�
, way �f£oct its obliA�tion on this bnad, and i.t doos horeby wai�e # '
notice of any change, extension of time, alteration or addition ��
to the terms of the contract or. to the �vork or to the specifications.!' '`.
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4. The Contractor shall take out and maintain WorlQnen�s Compensatiori !.
Tnsurance and Employer's Public Liability Tnsurance �or all persons employed � �'1
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b�- i� in th� perioi7u:iill;c� o.i the �;�.�-�. r�nt�a���,latc��i b�• this :i�TCc.'S:lCilt insuring � a�
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said Contractor against all obligations arising out of the idorlrnien�s Compensation �i �
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Act of the State of biinnesota. �
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5. The Contractor shall take out ancl maintain during the life '-
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of this agree�ent comprehensive protective public liability insurance for �
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and in behalf of itself and the City as joint-insureds, and using a cross- � '�
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liability endorsement, protect the City and the Contractor from claims �
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for damages and bodily injuries, including acciciental death, as well as � •' F
fron claims for property damaoe wnich may arise from operations under this ` ;
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agreement. �
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Bodily injury insurance (including death) i.n an amount of � _ ;
not less than $500,000 for all damages arising out of bodily ;
injuries to or death of one person, and subject to the same `-- f
limit for each person in a total amount o£ not less than ��
�1,OU0,000 on account of any one accident. i �:
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Property damage insurance in an amount of not less than 4 't�
$25,000 for all damages to or destruction of property in - `�
. asiy one accident and subject to that limit �er accident; �;' ';
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further subject to total of not less than $509000 £or all }
damages to or destruction of �.,roperty duri.ng life of the ' ,
agreement. �.
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6. The Contractor shall not nroceed iaith the terms of �his ; ,�
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agreement until it has furnished the Corporation Counsel of the City of ;'
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Saint Paul with satisfactory proof of the existence of insurance of the kinds `� `�
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and in the amounts above specified. The proof of insurance shall be in . ;
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such form as the Corporation Counsel may require, and unless otherwise provided �;�
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by the City in writing, the proof of insurance shall consist of certif ied ��,
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specimen copies of the insurance policy or policies, which specim en copi,es f ��: '
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have been anproved by the Corporation Counsel and f iled taith the City �`�
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Comptrollor. -
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7. All such proof oF insurance renuired herein shall state that �� '
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ten days' written notice will be �iven to the City, by service of such notice ' i
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upon the Comptroller, before any insurance is changed or cancelled. I '`'
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8. The Contractor shall indemnizy and save harmless the City I "
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and all of its officers, agents and e�nplcyees £rom all suits, actions or ,
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claims of any character by whatever name knownybrought for or on account ( ;
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of any injuries or danages received or sustained by any person, persons k � Y
or property, by or from the ac� or acts of said Contractor. j :� t
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9. The Fair Employment Practice Ordinance now in effect in the ` ;
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City of Saint Paul shall be deemed incorporated herein by reference with ;�
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the same intent, purpose and effect as if the same were £ully set forth r '-
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herein. The Contractor and every subcontractor shall comply with all " i �;f �
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applicable provisions, terms and conditions of said Ordinance. The Contractor, � -= r
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in relation to the subject contract, shall not discriminate against any ;� f
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em lo ee of or ap licant for em lo !
p Y , p p yment with the Contractor in the City f ,�
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of Saint Paul, and shall include a similar provision against discrimination '�
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in every subcontract germane thereto, requiring employr,ient in the City of �
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Saisit Paul. � -
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10. All persons employed by the Contractor to operate amusement
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rides or concessions shall be a minimum of 18 years of age, except with � ;�
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the parmission of said Commissioner, be of good moral character, and present �: ,
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a clean and neat appearance at all times. ; _
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11. Clean and neat uniforms shall be worn by all employees operating � ��
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amusement rides and concessions. The costs of furnishing and cleaning '
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the above uniforms shall be borne by the Contractor, and the type of uniform ;,
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furnished shall be subject to the approval o£ the Commissioner of Parks and '', ,
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Recreation and Public Buildings. �£
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I2. All equipment to be used in �e Amusement Center shall be '�
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maintained in a clean, attractive, and safe condition at all times. � ; �
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�3. Tl�o �t��t��c'�ax �l�all s��6i�y an at� ��o�o�al �.].� p�,c�cc5� � ;;
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of equipment to be operated on the site, including typeD size, condition, :
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purchase datey cost of such equipment, and further disclose any financing j �� ,
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arrangements it may have with respect to Ci�y equipment. Tn the event � �-i
of seizure or foreclosure by an unpaid' creditor, the City shall have notice ' !r
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before the equipment is released. - - '_
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14. Said Commissioner reserves the right to exclude any piece '� �
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of equipment �ohich in his opinion is unsuited for use in the Amusement i �� -
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Center. • "
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. 15. All rides installed shall oe approved by said Commissioner; _s
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there shall be not less than ten (IO) rides, nor more than fifteen (15) _
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except with the consent of said Commissioner. � ,j
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16. Charges £or rides shall be as follows: A minimun of ten � � �
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(10) rides shall have a charge not to excced ten cents (10�) or one ten- ;
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cent ticket; all other rides may have a c?zarge in multiples o£ ten-cent °
tickets, with the permission of sairi Com::iissioner. All costs involved , '•
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in collecting admissions are the responsibility o£ the Contractor. _
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17. The rides shall he operated only during the season, beginning � `�
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Apr�.l 15, and ending October 15, and between Y.he houxs of 8;00 a.m. and � _; �
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10:00 p.m., or as said Comma.ssioner shall deterr,iine. � - '
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18. The Contractor shall be responsible for all cost invo2ved �i`
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in naintzini.ng all equipment in a safe, clean, and attractive operating �;�
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condition. . ;,
19. Special police services deemed necessary Uy the Contractor i
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for the security of the rides area shall be furnished and paid for by the � ,�
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Contractor. ' �
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" 20, The Contxactor shall keep on the site a conpetent supervisor �'+
and any necessary assistants, all of �oho�^. shall be satisfactory to said ' � �
Commi.ssioner. Thi.s su�ervisor shall xo��x9�ont tho Co�►t�ac�ar x� Hxs absonco � '
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and all directipns given to the supervisor shall be as binding as i£ given :�
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to �he Contrac2or. On �,rritten request, sucr ctirecti.ons shall be confirmed }.`
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in �vriting to the Contractar. Tlie Ccntractor sh�.11 give efficient supervision �
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to the work and oneration involved in his contract using his best sl:ill , ?',
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and attention. The Contractor shall .care£ully study and comuare all drawings, s �
specifications, and other instructions, and si�all at once report to said .�
Commissioner any error, inconsistency or omission which he may discover C ��
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�before starting any portion of the work or operation. � � ;-
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21. The Coztractor shall exercise care to prevent any conditiDn ' �_
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in the Amusement Center tvhich could Ue interpreted as a nuisance to Como I
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Park and the surrounding community. � ��_ ,
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• 22. In �he event of inclement weather, tne� Contractor may, with '�_
the consent of said Comnissioner, close do�,m. tiie A,musement Center and remain _
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closed until favorable weather conditions prevail. I ;
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• 23. The costs of all utilities (gas, tuater, electricity) used in �
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the Amusement Center shall be paid by tile Contradnr. � �
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24. The Contractor shall provide complete and accurate accounting ,
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recprds oF the Amusement Center in accordance with methods developed by � '�
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the Contractor and said Commissioner jointly, i} �
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provide records of all sales, at his own cost.
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�fi�c��slx�t�x�d'x�3t�t��� �k-�g�c� ;
26. This Agreement may be terminated upon 60 days notice,in ' '�, °
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writin for violation of an of the ��
g� y provisions of this Agreement. Such i-� �
notice to be mailed to the other party at his usual place of business. ;-�
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IN I�JITNESS i�HEI2E0F, the parties have si�;ned this agreement �; ;_ .
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the day and year first above written. �;
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In Presence of; 0'NEIL �1'�4USEP4ENT COt�9PANY � j-
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CTTY OF SAINT PAUL � �
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_ Commissioner o Par�s and Itecreation � �
and Public Fuildings -
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C�.ty Cler ; _
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Countersigned: -
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City Co�nl�troller , _
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Arnroved as rto £orm �;
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Assistant Corporation ,ounse ;
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Anproved as to £orm and execution � ;
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this day of , 1967 '-
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Assistant Corporation ounse l +;�
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