HomeMy WebLinkAboutCC Res 2805 1978-07-10
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California State Department of Education
State Agency for Surplus Property
721 Capitol Mall, Sacramento, CA 95814
SASP Form No, 202 (10-77)
RESOLUTION d1h5"
"BE IT RESOLVED by the Governing Board, OR by the Chief Admini.trative Officer of those organization. which do not
have a governing board, and hereby ordered that the official(.) and/or employee(.) whose name(.), title(.), and
signature(.) are listed below shall be and i. (are) hereby authorized as our representative(s) to acquire federal surplu.
property from the California State Agency for Surplu. Properly under the Terms and Conditions listed on the reverse .ide
of this form."
NAME TITLE
(Pnql or type,)
DENNIS COURTEMAROlE CITY MANAGER
I GARY JOHNSON CITY ENGINEER
EDWARD CIBBARELLI POLICE (}lIEF
RON ADAMS FIRE mIEF
PASSED AND ADOPTED this 10th day of
the City ni' 1'iF...l Bea~h
by the following vote: Ayes:--5-; Noes:....ll....-; Absent:..l!..-,
J, Jerdys Weir , Clerk of Ihe Governing Board of
the Ci tv of Seal Beach do hereby certify Ihat the foregoing is a full, Irue, and
correcl copy of a resolution adopted by lI1e Board at a relJular meeting thereof Ileld al its reglllar pille. of
meeting atlhe date and by Ihe 1'Ole above stated, which resollltion is on file in Ihe office of the Board,
July
19...ll!....- . by the Governing Board of
,
CITY OF SEAL BEAm
Name ur orllBni7dliun
2ll - 8th Street (P. O. Box 729)
MaUlnll addreSl
Seal Beach Oranlle. Calif. 90740
City Cl)Unty ZIP code
OR
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AUTHORIZED this
day of
Name of chaef administrative ufficer
"Tide
Name of orWlnizatiun
Mailin& IIddress
[Signed]
City
County
ZIP code
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Resolution Numb~r
:
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TERMS AND CONDITIONS
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(A) THE DONEE CERTIFIES THAT:
(1) It is a pUblic agency; or a nonprofit educational or pUblic health institution or OQllBnization, exempt from taxation under Sectibn SOl
of the Internal Revenue Code of J 954; within the meaning of Section 203(j) of the Federal Property and AdminJstrative Services Act of 1949,
as amended, and the regulations of the Admmistrator of General Services.
(2) If a public agency, the property is needed and will be ulled by the recipient for carrying out or promoting for the reSidents of a gIVen
political area one or more public purposes, or, if. a nonprofit tax-exempt institution or organization, the propeny is needed for and will be used
by the recipient for educational or public health purposes, and including research for such purpose. The property is not being acquired for any
other use or purpose, or for sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency.
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(3) Funds are available to pay all costs and charges incident to donation.
(4) This transaction shall be subject to the nondiscrimlDation regulations governing the donation of surplus personal property issued
under Title VI of the Civil Rights Act of 1964. Title VI. Section 606, of the Federal Property and Administrative Services Act of 1949, as
amended, and Section S04 of the Rehabilitation Act of 1973. as amended.
(8) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) AU items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in
use for such purposc(s) for one year from the date the property was placed in use, In the event the property is not so placed in use, or
continued In use, the donee shall immediately notify the state agency and, at the donee's expense. return such property td the state agency, or
otherwise make the property available for transfer or other disposal by the state agency, provided the pI:operty is stili usable as determined by
the state agency.
(2) Such special handling or use limitations al are imposed by General Services Administration (GSA) on any item(s) of property listed
hereon.
(3) In the event the property is not so used or handled as required by (8)(1) and (2), title and nght to the possession of such property I
shan at the option of GSA revert to the United States of America and upon demand the donee shall release IIUch property to such peirson as
GSA or Its designee shall direct.
(C)) TilE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPUCABLE TO ITEMS WITH A
CfNIT'ACQUlSITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEIIICLES, REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS SO FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shull be used only for the purpose(s) for which acquired and for no other purposc(s),
(2) There shall be a pellod of relltnctlon which will expire after such property has been used for the purpose(s) for which a'..quired for a
period of 18 months from the date the property IS placed in use, except for such items of major equipment, listed hereon, on which the state
agency designates a further period of restnction.
(3) In the event the property is not 50 used as required by (C)(I) and (2) and federal restrictions (8)(1) and (2) have expired then title
and right to the possession of such property shall at the option of the state agency revert to the Slate of California and the donee shall release
such property to such person as the state agency shall direct. .
(D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICfIONS:
(1) From the date it receives the property lISted hereon and through the pcriod(s) of time the conditions imposed by (8) and (C) above
remain in effect, the donee shall not sell, trade, lease, lend. bail, cannibalize, encumber, or otherwise dispose of such property, or remove It
permanently, for use outside the state, without the pnor approval ofGSA under (8) or the state agency under (C). The proceeds from any sale,
trade. lease, loan, bailment, encumbrance, or other disposal of the property, when such action IS authorized by GSA or by the state agency,
shan be remitted promptly by the donee to GSA or the .tate agency, as the case may be.
(2) In the event any of the property listed hereon is sold, t~ded, leased. loaned, bailed, cannibalized, encumbered, or otherwise disposed
of by the donee from the date it ~ivu.the property through the period(s) of time the conditions imposed by (B) and (C) remain In effect,
without the prior approval,-i~qlA-!tr"he:~late agency, the donee, at the option of GSA or the state agency, Ihall pay to GSA or the state
agency, as the caae may be. lbe"pi&ecds of:the disposal or the fall market value or the fair rental value of the property at the time of -;uch
disposal. as determlned-by-aS'A or the state 8gCncy.
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(3) If at any ti"l!i:' ftbfrNhe date.it receivlS~:tlis..p"roperty lhrough the period(s) of time the conditions Imposed by (8) and (C) remain an
effect, any of the property Jisted hereon is no 10Rlf1r suitable, usable, or further needed by the donee for the purpose(s) for which acquired, the
donee shall prompt1y~tify...the staJ.e agency, and~shall. as directed by the state agency, return the property to the state agency, release the
property to another dUneO or another state alency or a:department or agency of the United States, sell, or otherWlse dispose of the property, I
The proceeds from any Sale":,Iii.ll be remitted promptly"by the donee to the state agency,
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(4) The donee shaU,;';l'!ake]Cp,gr~~;.to'1he state agency on the use, condition. and- location of the property listed hereon. and on other
pertinent ,matters as may ti'c.req~t~d.from t!m~~q'time by the state agency.
(5) At the option of tlie. state agency: die donee may abrogate the conditions let forth an (C) and the terms, reservations, and restrictions
pertanent thereto in (0) by payment of an amount as determmed by the state agency. .. ,
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(I) The property acquired by the donee is on an "as is," "where is" basis. Without warranty of any kind.
(2) Where a donee carries msurance against damages to or loss of property due to fire or other hazards and where loss of or damage to
donated property with unexprred terms. conditions, reservations, or restrictions occurs, the state agency will be entiUed to reimbursement ftom
the donee out of the msuraAce proceeds, of an amount equal to the unamortized portion of tbe fair value of the damaged or destroyed donated
items.
(F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (SO FEET OR MORRIN LENGTH)
HAVING AN ACQUISITION COST OF S3,OOO OR MORE, REGARDLESS OF THE PURPOSE FOR WIIICH ACQUIRED:
. The donation shall be subject to the terms, conditions, rClIervations, and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
F76-233 DE1D780 7-77 7,500
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Cahfornia S1/ite Department or Education
Sl:'lle A,(.!ency for Surplus Properly
721 Capilul ~(all, Sacr.amento. CA 95814
5A5P Form No, 2UI (10-77)
Resolution Number .
STATE OF CALIFORNIA
APPLICATION FOR ELIGIBILITY
FEDERAL SURPLUS PERSONAL PROPERTY PROGRAM
Before preparing this application, please read carefully the definitions given under Part II. Fill out all ap~licable sections,
Part A,
Legal name of organization City of Seal Beach
Add.es. 211 8th Street City Seal Beach
County Orange
Telephone
(213)431-2527
ZIP 90740
I. Application is being made as a (please check one) (a) Public agency :g: or (b) Privale, nonprofit and tax-exempt educational or public
health organization' (J, Please provide evidence that the organization is a public agency or enclose a copy of the letter or certificate from
the United States Internal Revenue Service evidencing tax-exemption under Section 501 of the Internal Revenue Cod~ of 1954,
2, Check type of agency or organization and attach a supplement to this application describing the program operati'bilS"irill activities. For
private, nonprofit organizations, the following odditiollal information is required: (a) For educational institutions, include a description
of the curriculum, the number of days in the school year, and the number and qualifications of the faculty or staff; (b) If a public health
institution or organization, include a description of the health services offered, qualifications of staff and, if applicable. the number of
beds, number of resident physicians, and number of registered nurses on the staff.
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PUBLIC AGENCIES: Check either state Oor 10calU
o Conservation
o Economic development
o Education
Grade level
NONPROFIT INSTITUTION OR ORGANIZATION:
o Education
Grade level
(Pre.choul, university)
Enrollment
No. of school siles
o School for the mentally or physically handicapped
o Educational radio or television station
o Museum
o Library
o Medioal institution
o Hospital
o lIealth center
o Clinic
o Other (specify)
(Preschool, university)
Enrollment
No, of school sites
~ Parks and recreation
o Public health
~ Public safety
ltJ Two or more of above
It:l Other (specify) Public Works
3, Check if the applicant program is approved QJ:; accredited 0 ; or licensed O. Enclose evidence of such approval, accreditation, or
licensing. If the applicant lacks evidence of formal approval, accreditation. or licensing. check here 0 and refer to the enclosed"
instructions.
4, Are the applicant's services available to the public at large?
comprises this group,
Yes
, If only a specified group of people is served. please indicate who
5, Checklist of attachments submitted with this application:
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o Evidence that applicant's program is a public agency or exempt from paying taxes under Section SOl of the IRS Code of 1954
o Description of program operations and activities
_Evidence of approval, accreditation, or licensing or information submitted in lieu thereof (Letter frOl1l R.W. Evans attached
SASP Form No. 202, "Resolution," properly signed, designating representatives authorized to bind the applicant to the terms and
conditions governing the transfer of federal surplus personal prol1erty. ' .
SASI' Form No. 203, nondiscrimination compliance assurance:: _~.~_: -:r
o Statement concerning applicant's needs, resources, an~:aJ>i~i~~i!rut1li7,e;!h:.e'P:operty
o Other statements or documentation required, as s ecif@g.in,1I instruc' ii,;fSr ce ain categories of applicants.
.: . '~le: City Manager
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6-29-78
Date:
Signed:
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FOR-ST.,6;'fE AGENCY 1:isE"'::-
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'~~ "ApplicatiO~iSapproved:
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Application approved:
Comments or additiona.l information:
Date:
Signed:
Director
Resolution Number
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DIWINITlONS
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Accredited: Approval by 11 rocoflniztld accrediting buard or schools. nursinlt schools, and similar institutions. The term does not
a~ljocjution on ... rellional. "tatc, or Ralianallevel, such as state board include inslUulioR! primarily engaged in domICiliary care although II
of education or health; thd American Hospital Association; a separate medical facility within such. domiciliary institution may
rc,dOlwl or national accreduillJ( association for uniYersiti~s. colleges, qualify as II "medical Institution:'
ur ~(.()ndury schools; or another reco~nized accreditlng u~ciiltion. Musa",.: A public or nonprofit facility which is attended by the
Appropt!d: Recognition and approval by the State Department of public free or at a nominal charge and which provides museum
Education. State Ilepartmc:nt of Health. or other appropriate services including the preservation and exhibition of artistic.
aulhority. With respect to an educational institution. approval must cullural, historical. or scientific objeCIs.
n::lille to academic or in"trllclional standards. An educational Nonprofil ill$,I""ion: An educatiOnal or public lh=allh institutIon
in'Ctitutlon may be considered alo approved if its credits are accepted or organLntion. no part of the net earnlnp of which inures or may
by accredited or state.approved institutions or if it meets the lawfuUy inure to the benefit of any private shareholder or individual
academic or instructional st.mdards prescribed for public schools in and which has been held to be tax exempt under the provisions of
the state. Section 501 of the Internal Revenue Code of 19S4.
Child care c~n'er: A public or nonprofit facllity where day cure hrk Ilml reel'Stlon: A program or programs carried oul or
services such as educational. social. heaUh. and nutritional servicca promoted by a public agency for public purposes which involve
Ilre provided to children through aRe 14 and which is approved or directly or indirectly the acquisition. developlMft!i1ftlprovement. t .
Iicensud by the slate.or other appropriate authorily. maintenance, and protection of park and recreational fllcUlties for . .,:,
Cllnie: ,\n approvcd public or nonprofit facility orpnized and the residents of a given political urea. Th... faciUtles Include bulare. .... .
operolted for the primary purpose of providing outpatient public not limited to park&. playgrounds and athletic fields. swlmmina
health services includinp: customary relaled services such as labora- pools. golf courses, nature facilities, and nature trails. ..
tories and treatment rooms. Public fl6l!1IC7: 'Any state;' any political subdivision thereof, t....':
Co/lege: An approved or accredited public: or nonprofit inshtu- including any unit of local government or economic development ....
lion of higher learning offerin~ organa-cd study courses and credits dlstrict; any department. agency. instrumentality thereof. inctudina
leading to a baccalaureate or higher degree.. instrumentalities created b)l compact or other agreement between a.
Constf11tlllo,,: A pr""ra'" or propoims carried out or promoted by state and another state, a politicalsubdividison. D mUllijUrtsdieUORaII: .
a publIC:: Oij,rency for public purposes IRvolving.directly or indlrectli !Ioub.tate district established by or punuant to state law. or IIny " ~
Ihe pmlection, maintenance. development. and restoration of the Indian tribe. band. group. pueblo. or community located. on a state
n!ltural feMlurces of a given politit'" area. These resources Include reservation. . . "
but arc nut limited to Ihe air. land. forests. water. rivers. streams. Pub/Ic hal't": A program or prolU'ams to promote. maintain.lnd
lakes and ponels. mindrals, and animal... fish. and other wildlife. conserve the public's health by providinl health services to
}."coftDmic deHlop",.,,': A program or programs carried out or individuuls and by the conduct of research. investlptions. examina:"
promoted by a public agency for public purposes which involve; tion. trainin~. and demonstrations. Public health services may
directly or indirectly,etforts to improve thd opportunities of a ,iven includc bul are not limited to immunil.atlon. maternal and child
political area for the suc.:cessful establishment or expansion of health pro~rllms. sanitary engineering. sewage lreatment and
inda.:strial. commercial, or agriculluroll pl.mts or facilities and which dispowt. SOInilalion inspection and supervision. water purification
utherwise a\~ist in the creation of long term employment opportun- and distribution. air pollution' control. r,arbalMl and trash disposal.
irics in thc Drea or primarily bdnefit the unemployed or those with the c::untrol and elimination of disease-carrying animals and inseclS,
low income... and the conlrol of communicable diseases.
Edt,callolUlI Inll;lIIlioll: An otherwise eligible public or nonprofit Public llI/~ty: A program or proltrams carried out or promoted by
institutivn. facility. entity. or org.anil.lItion conductinB educational a public alU'ncy for public purposes involving. directly or indirectly.
pmJU'uans. including research for any such programs, such as a chiW the protection. safety. and law enforcement activitles and the
tolre cenler. school. coUe~, university. school for the mentally or crimirNl jU51ica system of a a,llven political aria. Public safety
physically handicapred. educational radio or television station, programllo may include but are not limited to those carried out by
museum, or library. public police departmunts, sheriffs' offices, the courts. penal and
EdurilUotUll tvdio &llIllon,: A radio station licun.ed by the correctional inlloti1ulionllo inCluding juvenile facilitle5. state and civil
Federal Communications Commission and operalcd exclusively for defense orpaizutions. und fire departments and n:s.;ue squads
noncommercial educational purposes and which is public or includinjC volunreer fire department! and rescue squadssu"pported in
nonprofit and tax exempt under Section SOl of the Internal whole or in part with public funds.
Revenue Code of 1954. Schnol (except schoul. fOI the mentally or physiCally handi...
Edual;ontl/te/...,I,ion stillion: A Ic:levislun stalion lieen!loOd by the capped): A public or nonprofit. approved or accredited orpniza.
Federal Communications Commis.ion and operated exclusively for lional enlily dcvoted primarily to approved academic. vOt....rlonal. or ..
noncommercial educalional purposes and which is public or professiunal study and instruction. whlcll oper.J:tes prhnarily for
nonprofit and la, nempt under Seclion SOl of the Internal educational purposes on a full-tilne b-..sis for a minimum school ycur "..J
Reyenue Code of 19S4. and employs II full-time staff of qualified instructors..' .t~ " ::.
Hmllh cenler: An approved public or nonprofit facllity: utilized School/or Ihe menllllly htllId;ctlpped: A facility or institution ,. - '. .
by II health lIl1[t for the provl,ion of public health service.. ineludin~ operuted primarily to provide 5pt:ciulized inlltnlctlon to sludents of .... ,- .
related facililies such as di:lln05tic and laboratory facilities and limited mental capacily. It must be publiC or nonprofit and mustl' ,
clinics.. . operate 011 II full.time basis for the equivalent ota IninilRum school
HOIpitlll: An approved or accredited public or nonprofit institu- year prescribed for public school instruction of tlte menially
lion providing public health services primarily tor inpatient medical' handicllpped. have a slllrf of qualired instmctoFS. and demonstrate
or surgicul carc of the sick and injured. including related facilititls :. -thut the facility meet. state and, local health and .rety standards. ..
such as ~aboratories. outpatient departments. traininl f~cil!tjs."" ~..:.""': School for Ihe physiCtllly htlndlttlpped: A school organized . X
IolurrofflCCS. ........\...-:....~:.~...':. ......~:~pr~rily to provide speciali7.ed in'ltruction to. ~tudcrtts whose _(.
Library: ^ public or nunprofit facility providin)l.~roltYJCrvices ........ 'p'ti~ieal handicaps neL"ClISitale individual or ~roup inlllrur.::lion. Tho
free 10 all rcsident" of a community. district. !Iotale, or re~;ion. ~si:.hODls m,,~1 be public or nonpront and operate on a full-timo basis
/tIediCtlI ;nll;lul;on: An otherwise eli,l!ible publiC" Of Q.onprofit .fo;.lh"'6 c..!fuivalcnt of a mini:.lum 'lChool year prescribed for public
ill'ltituUon, facility. I::ntity.. or orfUlnizalion the primllrY1.iinclion of lIoChpol..in~lruclion for the physically handicapped. huve. Q staff of.
which III Ihe furni'lhinM of health and medical scrvtS,Cs lo:"the pub.lli; . qu:iliQ::.d ImUructtltll. and demonstrate that the facility meets state .-
at large or pmmoting public health through Ihe con.Juct.~r. research J.nd lo~1 hUdllh and 'iOIfety stundards.
for any such purposes. experiments, Iraininf!, or~j,"...nQnl\V~lions ,'" '-Ttl!4Upporled Of1:tIn;zlllion: One which reeeivcs a major portion
reJntt"d to Ihe CaUSc. preventinn, and mcthod'C of dia~no51s.fam}'. . ...... ~.of..;lS finunclal support from moneys derived from stllte or local
trcurmenl of diowusus and injuries. The tcrm includes b,UI.i"~noi..-::-.., 'kclvernmenl revenuel.
limited tC.1 hOllopilal~. chniclo, alcuholic IInd dru~ abll~ "Ireatmem. . . Univen;I}I: A public or nunprofit. approved or accredited
centuf'l. public he:lllh or Ireutll1cnt centeno research and "health .. - institutiun 01' hi~her education, empowered 10 confer degrees in
centl::rs, ~cridlrlC;: center I:,bor:ltori..::~. medical schools, denl..1 spccial dupnrt ll1entllllr colleges.
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F77-2 DE 10788. 7.77 7.500
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Resolution Number
" State Agency
SASP Form No.
(10-77)
I
I
for Surplus Property
203
ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964, SECTION 606 OF TITLE VI
OF TIlE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
ACT OF 1949, AS AMENDED, ANO SECTION 504 OF THE
REHABILITATION ACT OF 1973, AS AMENDED
City of Seal Beach , (hereinafter called the "donee"),
(Name of donee organization)
HEREBY AGREES THAT the program for or in connection with which any property is
donated to the donee will be conducted in compliance with, and the donee will
comply with and will require any other person (any legal entity) who through
contractual or other arrangements with the donee is authorized to provide ser-
vices or benefits under said program to comply with, all requirements imposed
by or pursuant to the regulations of the General Services Administration
(41 CFR 101-6.2) issued under the provisions of Title VI of the Civil Rights
Act of 1964, Section 606 of Title VI of the Federal Property and Administrative
Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of
1973, as amended, to the end that no person in the United States shall on the
ground of race, color, national origin, or sex, or that no otherwise qualified
handicapped person shall solely by reason of the handicsp, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity for which the donee received Federal assistance
from the General Services Administration; and HEREBY GIVES ASSURANCE mAT it
will immediately take any measures necessary to effectuate this agreement.
The donee further agrees that this agreement shall be subject in all respects
to the provisions of said regulations; that this agreement shall obligate the
donee for the period during which it retains ownership or possession of any
such property; that the United States shall have the right to seek judicial
enforcement of this agreement; and, this agreement shall be binding upon any
successor in interest of the donee and the word "donee" as used herein includes
any such successor in interest.
Dated 6-29-78
City o..f Seal.~,:ch."""
~ D.'lnee Org4D.;z., ion
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BY .' .
~tl't::LLL/Ctia1:rnllnr-gfo'1:tnr' BUG.La
or C:9mp;ra.ble aut~I:i)ed official)
City Manager'.-' ,""
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City of Seal Beach
211 8th Street
Seal Beach, Ca. 90740
Donee Mailing Address