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• • <br />ZOO from the private sector, including but not limited to, individuals, corporations, and <br />charitable foundations, to be used for the betterment of the Zoo. <br />NOW THEREFORE, the parties hereto agree as follows: <br />1. DUTIES AND RESPONSIBILITIES OF CITY <br />A. Ownership and Operation of the Zoo <br />CITY owns the ZOO property and all exhibits, support facilities, infrastructure, and <br />animals contained within Prentice Park, including exhibits, support facilities, <br />infrastruct~~re and animals purchased by or funded at FOSAZ expense. FOSAZ retains <br />ownership of FOSAZ office building, and property and equipment contained within the <br />office, and the zoofari train and any other subsequently acquired assets as may be agreed <br />by the City and FOSAZ. In the event of the dissolution of FOSAZ, any and all assets of <br />FOSAZ will be used to discharge any liabilities and debts of FOSAZ. The balance of said <br />assets become the property of CTTY to be used exclusively for the benefit of SANTA <br />ANA ZOO. In the event that the Santa Ana Zoo ceases to exist, the balance of said assets <br />will be distributed by a committee made up of the FOSAZ executive committee and an <br />equal number of individuals from the City. <br />B. Administration of the Zoo <br />The Zoo Director shall be exclusively responsible for the a~~~ninistration, and <br />management of the ZOO, and direction of ZOO staff, within the policy guidelines set <br />forth by the City Council, City Manager, and Executive Director, Parks, Recreation and <br />Community Services Agency. This includes all matters related to animal care; <br />maintenance; education, including outreach programs except as otherwise specified in <br />this agreement, and visitor services. ZOO shall provide that a representative of FOSAZ <br />be a pemutted to attend regular Zoo management staff meetings. <br />C. Project Management <br />CITY shall have the responsibility for managing all capital and deferred maintenance <br />projects at the ZOO. The CITY Zoo Project Manager shall oversee all capital and <br />deferred maintenance projects at the ZOO, and be the primary contact and liaison <br />between the CITY and consultants, azchitects, engineers, and contractor's. The CITY <br />Zoo Project Manager shall be the primary contact and liaison between the CITY and <br />FOSAZ regarding all capital and deferred maintenance projects as the ZOO. <br />2. DUTIES AND RESPONSIBILITIES OF FOSAZ <br />A. Organizational Structure <br />FOSAZ shall maintain a board of directors as may be provided by its articles of <br />incorporation and by-law. Unless otherwise provided by FOSAZ, the boazd of directors <br />shall have the power to bind FOSAZ under this Agreement. FOSAZ shall provide that the <br />Zoo Director or his/her designee shall be an ex officio, nonvoting member of the <br />FOSAZ Board. <br />2 <br />