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234147 ORIGINAL TO CITY CLERK ���� ' CITY OF ST. PAUL couNCi� N� � � � v OFFICE OF THE CITY CLERK FILE - COUN IL�OLUTI —GENERAL FORM PRESENTED BY �'�de� G 0 COMMISSIONE DATF -- � RESOLVED, That the Contract between the City of Saint Paul and the Massachusetts Metropolitan District ` � Commission, Division of Zoological Gardens, relating to t � , , the care and maintenance of an orang—utan own.ed by the City � of Saint Paul, the terms of which have been presented to the Council, is hereby approved; and RESOLVED, That the proper City officers are hereby authorized to execute said contract on behalf of the City. ; ' I , � , � ! • J F M APPROVE � Asst. Corporatlon Cou(1�e1 , . � J U L 5 �9�� � COUNCILMEN ' � Adopted by the Council 19— ; Yeas Nays ' � Car�son J U L 5 �9��' � Dalglish � Approved lg_ I Holland I � Meredith �In Favor Peterson � � , Mayor � Tedesco A gainst � Mr. President, Byrne �{��y,��$�p •���• � 1� ..� � �22� ' , � D�LIGATE TO rRINTER 23 1�� CITY OF ST. PAUL FOENCIL NO. _ � . OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF - � RESOLVED, That the Contract between the City of Saint Paul and the Massaohusetts Metropolitan Distriat � Commission, Division o� Zoological Gardens, relat3.ng to the care and maintenance oY an orang—utan owned by the City of Saint Paul, the terma of which ha�e been presented to the Council, is hereby approvod; and RESOLVED, That the proper City of�icers are hereby authorized to execute said contracst on behal� of the City. i �UL 5196� COUNCILMEN Adopted by the Counci 19— Yeas Nays J u L 5 Carlson Dalglish Approved 19— Holland Meredith " Tn Favor Peterson Mayor Tedesco �Against Mr. President, Byrne �22 � ,: . .. .: - o + J � AGREEMENT �� ��/ THIS AGREEMENT, Made this day of � 1967� by and between the City of Saint Paul� a public corporation organized and existing under the laws of the State of �iinnesota (hereinafter referred to as "Saint Paul" ) , and the Commonwealth of Massachusetts, by and through its Metropolitan District Commission� Division of Zoological Gardens (hereinafter referre� , to as "Boston Zoological Gardens") , WITNESSETH: WHEREAS, Saint Paul has a male Orang-utan of a size that requires zoological facilities presently unavailable at the Sai t Paul Como Park Zoo, and of such age that mating with a female Orang-utan is deemed a�visable and necessary, WHEREAS� Boston Zoological Gardens has adequate facilities within which to keep the Saint Paul Orang-utan, and also has a female Orang-utan of suitable physiological age for breeding . purposes � � WHEREAS, Saint Paul and Boston Zoological Gardens desire �o , undertake such arrangements as may be necessary to propagate additional Orang-utans and to insure the well-being of the Orang- utans they presently own� � ; NOW, THEREFORE, In consideration of the mutual terms and conditions hereinafter stated: � ; 1. Saint Paul agrees to place its Orang-utan, in the care and custody of the Boston Zoological Gardens for the period of one year from the date hereof on condition that th� Boston Zoological Gardens use the Saint Paul Orang-utan f�r breeding � purposes and provide it with adequate and reasonable care, shelter and provisions . 2. Boston Zaological Gardens agrees to pay f�r the cos�� i f tr�nsporting the Sa�nt ,Paul Orang-utan t� Boston, �izcluciing th� c�si; of insurance during sh�_pment, and to provide �t its expense - � i t ` , j . adequate �and reasonable care� shelter a nd provisions for such . period of time as the Saint Paul Orang-utan is under its control. s Boston Zoological Gardens further agrees to permit �nd encourage the mating of its Orang-utan with the Saint Paul Orang-utan for the purpose of producing as many offsprings as time and physiological conditions permit to the extent that �uch breeding does not endanger the heal�h of either animal. All° costs � incurl ed • L in connection with such breeding and reproduction shall be paid by Boston Zoological Gardens . Boston Zoological Gardens shall not be liable for the death of the Saint Paul Orang-utan while under ' its control unless death is caused by the negligence of Boston Zoological Gardens . 3. Boston Zoological Gardens and Saint Paul agree that the viable offsprings, if any, that may result from such union shall be appor�ioned equally between the Boston Zoological Gardens a Id Saint Paul� and that the first viable offspring shall become th`e property of Saint Paul . - _ 4. Saint Paul agrees to pay for the cost of the return trip of its Orang-utan to Saint Paul and for the cost of transporti g to Saint Paul any offs rin s that b the terms of t� � P g Y �his agreement become the property of Saint Paul. . � �. This agreement shall continue in force a�� effect for a period of one year from the date hereof� unless ex�ended by mu ual agreement or unless ter nat �� , mi ed prior thereto by either party upon 30 days ' written notice. , t IN TESTIMOi�Y WHEREOF� the parties hereto have set their , � h�nds an� seal the day and year first abcve writter�. 2. � V I ' COMMONWEALTH OF MASSACHUSETTS Metropolitan District Commission � In Yresence of : � Division of Zoological Gardens By � CITY OF SAINT PAUL � By • Mayo' � ��Lo Commission of Parks and Recreation and Public Buildings Attest : � City Cler�k Countersigned: City Comp�rolle ' COP�t�IO�TWEALTH OF MASSACHUSETTS ) j ss . C OL�I2� 0 F On this day of � 1967� before me a Notary Public, within and for said County, personally appeared a nd ' _ � to me personally known, who being each by me duly sworn did say that they are respectively the � and of the corporation named in the foregoing instrument� and that the seal affixed to said instrumEnt is the corporate seal o�' said corporation� and that said instr �ent was signed and sealed in behalf of said corporation by authori y of its� and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public, � My commission exp�res 3• ' � I C � � � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this day of � , 196�, before me a Notary Public, within and for said Courity� personally appeared Thomas R. Byrne, Victor J. Tedesco, Harry E. Nlarshall and Josep�h J. Mitchell, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor� the Commissioner of Parks and Recreation and Public Buildings, the City Clerk, and the City Comptroller of the City of Saint Paul, I�innesota, named in the foregoing instrument, and that the seal affixed to sai�d instrument is the seal of the City of Saint Paul, and that said instrument was signed and sealed in behalf of said City of Saint Paul by authority granted pursuant to formal resolution of the Council of the City of Saint Paul, Council File No. � passed and approved the � day of , 1967� and the said Mayor, Commissioner of Parks and Recreation and Public Buildings , City Clerk and City Comptroller acknowledged said instrument to be the act and deed of said City of Saint Paul� pursuant to' said resolution. Notary Public, Ramsey County, Minn. . My commission expires � �4.