HomeMy WebLinkAboutWestminster School District (WSD) - 2018-10-15 i1c� 7-0
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r City of Huntington Beach
File #: 18-412 MEETING DATE: 10/15/2018
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Marie Knight, Director of Community Services
Subject:
Approve and authorize execution of a Joint Use Agreement between the City of Huntington
Beach and the Westminster School District (WSD) for Clegg/Stacey Park, 6161 Larchwood
Drive, Huntington Beach
Statement of Issue:
There is a need to approve a Joint Use Agreement between the City of Huntington Beach (City) and
Westminster School District.
Financial Impact:
Not applicable.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute a "Joint Use Agreement Between the City
of Huntington Beach and the Westminster School District."
Alternative Action(s):
Do not approve agreement between City and the Westminster School District and direct staff
accordingly.
Analysis:
At the request of the Westminster School District (WSD) a Joint Use Agreement between the City
and the Westminster School District (WSD) for Clegg/ Stacey and Franklin Parks was terminated.
Both parks were developed and are maintained by the City, but located on WSD property. WSD
requested the termination since there was a need to remove Franklin Park from the agreement due
to a pending transfer of the former Franklin School site to a private developer and dedication of the
park property to the City. A new Joint Use Agreement has been prepared for Clegg/Stacey Park.
Under the terms of a Joint Development Agreement, the City constructed Clegg/ Stacey Park starting
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File #: 18-412 MEETING DATE: 10/15/2018
in 1971 and it was dedicated as a public park on April 8, 1972. Since that time, the City has operated
and maintained the park for public use under the terms of various agreements with WSD. Clegg/
Stacey Park located at 6161 Larchwood Drive is in the northwest part of the City.
In 2016, the City installed a new play unit at the park to replace a more than 20-year old unit that was
beyond repair. Staff has worked closely with WSD Administration on the new agreement with
cooperative terms to both parties. The terms of the new agreement will maintain the general
conditions of past agreements and, more specifically addresses the park improvements. Staff is,
therefore, recommending approval of the Joint Use Agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Joint Use Agreement between the City of Huntington Beach and the Westminster School
District
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JOINT USE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
THE WESTMINSTER SCHOOL DISTRICT
THIS AGREEMENT is made and entered into this 15th day of October 2018,
by and among the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY", and the WESTMINSTER SCHOOL DISTRICT, a
public school District duly organized and operated under the laws of the State of California,
hereinafter referred to as "DISTRICT," both of whom shall be collectively referred to as the
"PARTIES."
RECITALS
WHEREAS, Chapter 10, Part 7 of Division I of Title I of the Education Code of the State
of California, commencing with Section 10900 et seq. authorizes the CITY and the DISTRICT to
contract with one another to establish, construct, improve, operate, and maintain community
recreational facilities and programs;
WHEREAS, in 1970, the CITY and the DISTRICT entered into a Joint Development and
Community Development Agreement to develop and use a portion of Clegg-Stacey School for
public park purposes;
WHEREAS, the CITY and the DISTRICT desire to promote and preserve the health and
general welfare of the people of the CITY, and to cultivate the development of good citizenship
by providing for a public park and adequate program of community recreation and to conduct such
a program of community recreation as will contribute to the attainment of general education and
recreational objectives for the children and adults of said CITY;
WHEREAS, since 1985, the CITY and the DISTRICT have provided such a public park
and program of community recreation by DISTRICT making available to the CITY certain of its
school facilities;
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WHEREAS, the CITY and the DISTRICT entered into an agreement dated November 7,
1985 to set forth the terms and conditions of their understanding for the public park and community
recreation program which was terminated by the CITY on August 26, 2013;
WHEREAS, the CITY and the DISTRICT then entered into a joint use agreement dated
June 2, 2014 which established the cooperative use of two DISTRICT sites,identified as the Clegg-
Stacey Site and the Franklin Site (the"First Joint Use Agreement");
WHEREAS, on July 9, 2018, the DISTRICT unilaterally terminated the First Joint Use
Agreement by issuing written notification which terminated the Agreement on September 7, 2018
pursuant to Section 2 of the First Joint Use Agreement which allows either Party to terminate the
Joint Use Agreement at any time upon sixty (60) day written notice; and
WHEREAS, the CITY and the DISTRICT wish to enter into a new agreement to continue
the public park and community recreation program as set forth in the First Joint Use Agreement at
the Clegg-Stacey Site in order to continue to promote and preserve the health and general welfare
of the people of the CITY as authorized by Education Code section 10900 et seq.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises of
the PARTIES hereto, the PARTIES hereby covenant and agree as follows:
I. JOINT USE OF FACILITIES
a. DISTRICT shall make available to CITY certain of their school facilities
(hereinafter referred to as "Facilities") for use as a public park and community recreational
activities. The Facilities available for use by CITY are identified in Exhibit A attached hereto and
incorporated herein by reference. The Facilities available for use by the CITY shall be selected by
DISTRICT and may be changed by the DISTRICT depending on the educational programs of the
DISTRICT.
b. CITY's use of DISTRICT's Facilities shall be in accordance with
DISTRICT policies and procedures.
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C. With advanced notice to CITY, DISTRICT shall have the right to use the
Facilities during normal school hours. For the purposes of this Agreement,the term "normal school
hours" shall be from 8:00 a.m. to 3:15 p.m., Monday through Friday, for each day that school is in
session, including lunch hour. It is understood and agreed that the starting and ending times for
school hours may change from school year to school year, and that for each school year, the actual
starting and ending times will be those hours that school classes start and end as determined for
each school year by the DISTRICT.
d. CITY shall have the right to use the Facilities for public park purposes when
not in use by the DISTRICT and the non-exclusive use of any existing parking spaces located at
the school site at all times other than normal school hours.
e. CITY and DISTRICT agree that within thirty (30) days from the date of
execution of this Agreement, CITY and DISTRICT shall establish a system to provide for the
coordination and scheduling of the use of the Facilities. Such system shall include a procedure for
reserving the use of the Facilities and priorities for use of the Facilities. The DISTRICT will be
given first priority in the use of the Facilities. Schedules for use of the Facilities for community
recreational activities shall be established by mutual written agreement of the CITY's Director of
Community Services and the DISTRICT superintendent or designated representative.
f. DISTRICT shall be consulted and advised regarding all community
recreational activities conducted by the CITY at the Facilities.
g. All fees and charges assessed for community recreational activities under
this Agreement shall be used for furthering the recreational activities of the students and in
performance of this Agreement.
2. TERM OF AGREEMENT/RENEWAL OPTION/OPTION TO TERMINATE
The term of this Agreement shall be for five (5) years and shall commence on
September 8, 2018 and shall continue in effect until September 8,2023 unless terminated by CITY
or DISTRICT, upon sixty (60) days prior written notice to the other party specifying the desired
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WSD/City of HB
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date of termination. The PARTIES may agree to extend this Agreement subject to terms and
conditions agreeable to the PARTIES and set forth in a written amendment to this Agreement.
If DISTRICT desires to exercise its right to terminate this agreement, DISTRICT shall
reimburse CITY for the improvements placed on the site by CITY in an amount equal to the fair
market value of said improvements as of the date the cancellation is to be effective. In the event
the PARTIES cannot agree upon the fair market value of the improvements, such value will be
determined by an independent appraiser appointed by and satisfactory to DISTRICT and
CITY. The expense or such appraisal shall be borne equally by both PARTIES. In the event the
PARTIES shall not agree upon said appraiser, the Presiding Judge of the Superior Court for the
State or California, County of Orange, shall appoint the appraiser.
In the event CITY chooses to exercise its right to terminate this agreement, all
improvements placed on the site shall become the property of DISTRICT without the necessity
of formal documentation of transfer. Should DISTRICT not want such improvements, CITY
shall remove said improvements within six (6) months or less, from date of notice, and return the
site to its original condition insofar as possible. Upon any cancellation or this agreement, CITY
shall remove all personal property belonging to CITY. CITY's liability insurance shall be
written to cover any cancellation period until buildings are removed or title is received by
DISTRICT.
All structures and park improvements constructed on the site and all personal property
placed or installed thereon by CITY and owned by CITY shall remain the property or CITY. At
the termination or this agreement, CITY shall remove from the site, all structures and personal
property belonging to CITY and shall return the site to its original condition insofar as possible
unless DISTRICT indicates its desire, within thirty (30) days after such termination, to assume
title to such improvements. In which case, title thereto shall vest in DISTRICT without the
necessity of formal documentation of transfer.
3. PERSONNEL
All CITY personnel employed to conduct community recreational activities shall
be under the supervision of CITY and shall be employed and paid by CITY. CITY shall select and
provide only qualified personnel to conduct community recreational activities and events which
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take place at the Facilities after school hours, on weekends, and during holiday and vacation
periods.
4. MAINTENANCE OF FACILITIES
a. Custodial and maintenance services for the Facilities utilized for a public
park and community recreational activities shall be provided by CITY and paid for by the CITY.
However, CITY may submit a written request for the DISTRICT to provide such services for a
particular activity or event. DISTRICT and CITY shall mutually agree in writing to the costs of
providing custodial and maintenance service requested by CITY for the activity or event.
b. CITY shall provide and pay for all expendable materials and supplies
necessary for conducting community recreational activities for all ages. Equipment may be
provided by DISTRICT for community recreational use, and Equipment provided by CITY for
community recreational use and suitable for school use may be provided by CITY for school use.
C. CITY shall not be responsible to repair or replace any of the Facilities if
they are partially or totally damaged or destroyed by an act of God, including, but not limited to,
occurrences such as earthquake,flood, fire or storm. In the event of such occurrence,the PARTIES
will consider what action, if any, shall be taken to restore the affected Facilities.
d. The PARTIES shall be responsible to take appropriate action to abate any
dangerous conditions during its usage of any of the Facilities.
e. Any maintenance procedure by DISTRICT which shall require the
temporary closure of any Facility for more than twenty-four (24) hours shall occur at times
mutually agreed upon in writing between the PARTIES.
f. DISTRICT shall provide for and install all utilities necessary for the proper
functioning of the Facilities. CITY shall pay all costs for the operation, repair and maintenance of
the utilities in proportion to its usage of the Facilities during the term of this Agreement and any
extensions thereof.
5. CONTRACT ADMINISTRATOR
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The CITY Contract Administrator for this Agreement shall be the CITY's Director
of Community Services.
6. INDEMNIFICATION/INSURANCE
a. Indemnification by CITY. Neither DISTRICT nor any officer or employee
thereof shall be responsible for any damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any activities described in this Agreement.
Pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and hold
DISTRICT harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by CITY under or in
connection with any activities described in this Agreement. Neither DISTRICT nor any officer or
employee of DISTRICT shall be responsible for any personal injury or property damage or liability
occurring by reason of any negligent acts or negligent omissions on the part of the CITY, its
officers, employees or agents in connection with this Agreement. CITY shall fully indemnify,
defend and hold DISTRICT harmless from and against any liability imposed as a result of any
injury whatsoever occurring by reason of any negligent acts or negligent omission on the part of
the CITY, its officers, employees or agents in connection with this Agreement.
b. Indemnification by DISTRICT. Neither CITY nor any officer or employee
thereof shall be responsible for any damage or liability occurring by reason of anything done or
omitted to be done by DISTRICT under or in connection with any activities described in this
Agreement. Pursuant to Government Code Section 895.4 DISTRICT shall fully defend, indemnify
and hold CITY harmless from any liability imposed for injury (as defined by Government Code
Section 810.8), occurring by reason of anything done or omitted to be done by DISTRICT under
or in connection with any activities described in this Agreement. Neither CITY nor any officer or
employee of CITY shall be responsible for any personal injury or property damage or liability
occurring by reason of any negligent acts or negligent omissions on the part of DISTRICT, its
officers,employees or agents in connection with this Agreement. DISTRICT shall fully indemnify,
defend and hold the CITY harmless from and against any liability imposed as a result of any injury
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whatsoever occurring by reason of any negligent acts or negligent omissions on the part of the
DISTRICT, its officers, employees or agents in connection with this Agreement.
C. DISTRICT's Insurance Obligations. DISTRICT shall furnish properly
executed certificates of insurance to CITY within thirty (30) days of CITY's written request for
such certificates, which certificates shall clearly evidence all coverages required by CITY and
provide that such insurance shall not be materially changed,terminated or allowed to expire except
on thirty (30) days prior written notice to CITY. Such insurance shall name CITY, its officers, and
employees as additional insured.
d. CITY's Insurance Obligations. CITY shall furnish properly executed
certificates of insurance to DISTRICT within thirty (30) days of DISTRICT's written request for
such certificates, which certificates shall clearly evidence all coverages required by DISTRICT
and provide that such insurance shall not be materially changed, terminated or allowed to expire
except on thirty (30) days prior written notice to DISTRICT. Such insurance shall name
DISTRICT, its officers, and employees as additional insured.
7. GENERAL PROVISIONS
a. Notice. Every notice, demand, request, designation, consent, approval or
other document or instrument delivered pursuant to this Agreement shall be in writing and shall be
either personally delivered, sent by Federal Express or other reputable overnight courier, sent by
facsimile transmission with the original subsequently delivered by other means within three (3)
working days of the facsimile transmission, or sent by registered or certified United States Mail
(postage prepaid, return receipt requested), to the addresses set forth below or to such other
addresses as the PARTIES may designate from time to time:
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Joint Use Agreement
WSD/City of HB
18-6853/187763
If to DISTRICT: Westminster School DISTRICT
14121 Cedarwood Avenue
Westminster, California 92683
Attn: Assistant Superintendent, Business Services
If to CITY: CITY of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attn: Director, Community Services
Written notice served by registered or certified mail shall be deemed delivered three(3) days after
the date mailed. Other notices shall be effective upon delivery.
b. Covenants and Conditions. Each term and each provision of this Agreement
performable by either party shall be deemed both a covenant and a condition.
C. Partial Invalidity. If any term or provision of this Agreement or any
extension or application thereof to any party or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement or any extension or application shall be valid and
enforced to the fullest extent permitted by law.
d. Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
CITY's consent or approval of any action by the DISTRICT requiring CITY's consent or approval
shall not be deemed to waive or render unnecessary CITY's consent to or approval of any
subsequent act of DISTRICT. DISTRICT's consent or approval of any action by the CITY
requiring DISTRICT's consent or approval shall not be deemed to waive or render unnecessary
DISTRICT's consent to or approval of any subsequent act of CITY.Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning the same
or any other provision of this Agreement.
e. No Assignment. This Agreement and the duties and responsibilities of the
PARTIES shall not be assigned by the PARTIES.
f. Entire Agreement. This Agreement represents the entire understanding of
the PARTIES as to those matters contained herein. No prior oral or written understanding shall be
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Joint Use Agreement
WSD/City of HB
18-6853/187763
of an\; force or effect with respect to those matters covered by this Agreement. This Agreement
may not be moditied, altered or amended except in writing, by the Y,MOAES.
14 I-Ieadinas. Headings at the beginning of each numbered article and section
of this :agreement are solely for the convenience of the P,ARTIES and are not part of this
Agreement. As they are intended fur reference onit, no iegal significance of' any hind shall be
attached to such headings.
h. Governinu Low. ThisAgmmli nt shall he governed by the laws ofthe State
of CWHfornia and construed as if drafted by both CITY and DISfRICT.
04 WITNESS Nk"IIERFOR the VART1ES hereto have caused this r\,greenient to be
executed by and tim-ough their authorized oftieers oil the day, month and year III-st above written.
WESTNUNSTER SCII-i( )OL DdSTRICT CITY OF HUN TIfNGTON BEACH
I3v rr%4,1 Lx � By _
Signature _ — iMayot' _ --- --
-A y L 7o AI TEST:
-- hI'lilt Name
4'A.
Pv-Gc
Tit►.c CITY Clerk
APPROVED .V. = _ Zw
13,;
CITY Attorney
'G C,0NTF',NT
13v
IFFY \4anager---------.
INITI,- TED iND APPROVED
,
13 N' — ----
Dirqtor. Connni n'ity Services
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9
J{tint Use .Agmement
NVSINCah, of)-B
EXHIBIT A
Westminster School DISTRICT School with Park
• Clegg-Stacey Park - Acres: 2.795
6161 Larchwood Drive
Huntington Beach,CA 92647
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Southern California ReUEF Issue Date
Protected Insurance Program for Schools CERTIFICATE OF COVERAGE 8/27/2018
ADMINISTRATOR: LICENSE# 0451271 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
Keenan &Associates AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS
901 Calle Amanecer, #200 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
San Clemente, CA 92673 AFFORDED BY THE COVERAGE DOCUMENTS BELOW.
ENTITIES AFFORDING COVERAGE:
800-654-8102
www.keenan.com ENTITY A: Southern California ReLiEF
COVERED PARTY: ENTITYB: Protected Insurance Program for Schools
Westminster School District
Northern Orange County Liability and Property ENTITYC:
Self-Insurance Authority ENTITYD:
14121 Cedarwood Avenue
Westminster CA 92683 ENTITYE:
THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE COVERAGE
AFFORDED HEREIN IS SUBJECT To ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS.
MEMBER
ENT TYPE OF COVERAGE COVERAGE EFFECTIVE1 RETAINED LIMIT LIMITS
LTR DOCUMENTS EXPIRATION DATE f DEDUCTIBLE
A GENERAL LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
(✓CEENERAh�BILIT`�OCCURRENCE SCR 00104-32 7/1/2018 $ 25,000 $ 1,000,000
I GOVERNMENT CODES 7/1/2019
I ERRORS&OMISSIONS
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT EACH OCCURRENCE
I ANY AUTO SCR 00104-32 7/1/2018 $ 25,000 s 1,000,000
I HIRED AUTO
( NON-OWNED AUTO 7/1/2019
( GARAGE LIABILITY
( AUTO PHYSICAL DAMAGE
A PROPERTY SCR 00104-32 7/1/2018 $ 25,000 s 250,250,000
I ALL RISK 7/1/2019 EACH OCCURRENCE
( EXCLUDES EARTHQUAKE&FLOOD
( I BUILDER'S RISK
A STUDENT PROFESSIONAL LIABILITY SCR 00104-32 7/1/2018 $ 25,000 s Included
7/1/2019 EACH OCCURRENCE
B WORKERS COMPENSATION I IWC STATUTORY LIMITS (OTHER
I WJEMPLOYERS'LIABILITY PIPS128-15 7/1/2018 $
7/1/2019 $ 1,000,000
E.L.EACH ACCIDENT
EXCESS WORKERS COMPENSATION § 1,000,000
( I EMPLOYERS'LIABILITY $ E.L-DISEASE-EACH EMPLOYEE
$ 1,000,000
E.L.DISEASE-POLICY LIMITS
OTHER APPRO Iil AS TO FMM
$
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLE$iRESTRICTIONS/SPECIAL PROVISIONS: By, h
As respects to the Joint Use Agreement. MICHAEL E.GATES
CITY OP HUIV'TINGGTO BEAC'H�`//
CERTIFICATE HOLDER: CANCELLATION......SHOULD ANY OF THEABOVE DESCRIBED COVERAGES BE
CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING ENTITY/JPA
Clt of Huntington Beach WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
g HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL
200 Main St. IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE ENTITYMPA,ITS
Huntington Beach CA 92648 AGENTS OR REPRESENTATIVES,
John Stephens AUTHORIZED REPRESENTATIVE
w.eCen�ehJine.cum
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i
ENDORSEMENT i
i
ADDITIONAL COVERED PARTY
i
COVERED PARTY COVERAGE DOCUMENT ADMINISTRATOR
Westminster School District SCR 00104-32 Keenan &Associates I
Northern Orange County Liability and Pi operty j
Subject to all its terms, conditions, exclusions, and endorsements, such additional
covered party as is afforded by the coverage document shell also apply.to the following
entity but only as respects to liability arising directly from the actions and activities of the
covered party described under"as respects" below.
Additional Covered Party-
Gifty of Huntington Beach
2000 Main St.
Huntington Beach CA 92648
As Ragpipctse
As respects to the Joint Use Agreement.
e
The City, its officers, elected or appointed officials, employees, agents and volunteers are named as Additional
Covered Parties,
This coverage shall be primary and non-contributory to the certificate holders coverage as respects the actions
and activities of the Covered Party due to their sole negligence.
Authorized Representative
Issue Date: 8/27/2018
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City of Huntington Beach
- 2000 Main Street o Huntington Beach, CA 92648
(714) 536-5227 o www.huntingtonbeachca.gov
Office of the City Clerk
-Robin Estanislau, City Clerk
October 18, 2018
Westminster School District
Attn: Assistant Superintendent, Business Services
14121 Cedarwood Avenue
Westminster, CA 92683
Dear Assistant Superintendent:
Enclosed is a copy of the fully executed "Joint Use Agreement between the City of
Huntington Beach and the Westminster School District."
Sincerely,
�&4w&&j
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
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