HomeMy WebLinkAboutDanna, Michael A. 2025-06-25Access Agreement – Monitoring Well Abandonment Project Page 1 of 3
Access Agreement
between
City of Ukiah
and
Michael Anthony Danna
This Access Agreement (the “Agreement”) is entered on ____________________, 2025
(“Effective Date”), in Ukiah, California between the City of Ukiah (“City), a general law municipal
corporation, and Michael Anthony Danna, (“Owner”), who is the owner of real property located at
Ukiah, California, also known as Mendocino County Assessor’s Parcel Number 180-080-73 (the
“Property”).
RECITALS.
1.The City owns property located at 1320 Airport Road, also known as Mendocino
County Assessor’s Parcel Number 003-280-05 (“Corp Yard”), which has been used by the City
as an operations center for municipal departments, including the City’s Public Works department
and its motor pool.
2.In 2011, the City began investigating the release of petroleum hydrocarbons to the
environment from a former underground fuel storage tank (“UST”) located on the Corp Yard. The
North Coast Regional Water Quality Control Board (NCRWQCB) had imposed a Feasibility Study
and Corrective Action Plan (“FS/CAP”) which included a work plan to further investigate the
impact of the UST and to prepare a remedial design package to begin cleaning up contamination
resulting from the release at the Corp Yard. Pursuant to the work plan in the FS/CAP the City
installed groundwater monitoring wells on a number of sites adjacent to the Corp Yard, including
the Property, to be sampled quarterly for a period of one year. The number and location of each
monitoring well installed on the Property are depicted on the Site Map included in the Plans and
Special Provisions attached as Exhibit A to this Agreement.
3.The purpose of this Agreement is to allow the City and its authorized
representatives, contractors, and subcontractors access to the Property for the purpose of
engaging in the activities described in the Plans and Special Provisions depicted in Exhibit A.
Hereafter, all references to the “City” include its authorized representatives, contractors and
subcontractors.
4.This Agreement allows for the City to enter the Property to perform over drilling
and well sealing, as necessary, (hereafter referred to as the “Work”) described in the Plans and
Special Provisions and depicted in Exhibit A, subject to the terms and conditions of this
Agreement.
June 25
COU No. 2425-235
Access Agreement – Monitoring Well Abandonment Project Page 2 of 3
AGREEMENT.
In consideration of the above-recited facts and the terms and conditions as further stated herein,
the parties agree as follows:
1.Right of Entry, Inspection, and Sample Gathering. During the term of this Agreement,
Owner hereby grants the City a right of access and use and authorizes the City to enter the
Property in order to perform the Work as described in the Plans and Special Provisions and
depicted in Exhibit A. Authorized site work includes, but is not limited to, abandonment of
monitoring wells by over-drilling using hollow stem augers of an appropriate diameter for each
respective well, removal of the well casing and all associated materials (i.e., sand, grout, concrete
and bentonite), backfilling of the boreholes from the bottom to approximately six inches below
ground surface with neat cement grout using tremie pipe to prevent bridging, and removal of all
monitoring well boxes.
2.Term. The term of this Agreement begins on the Effective Date and continues until
December 31, 2025, unless earlier terminated as provided in paragraph 10, below.
3.Work to be Performed. The City shall provide everything necessary to perform and
complete the Work. The City shall have sole responsibility for the Work performed and shall be
responsible for directing and controlling the manner and means of accomplishing the Work.
4. Notification. The City shall give a minimum of 24-hour notice to the Owner before
entering the Property to perform any part of the Work, unless otherwise authorized by the Owner.
5.Applicable Law and Regulations. In exercising its rights under this Agreement, the City
will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever
nature with respect to the Work including, without limitation, all health, safety, and environmental
laws, directives, ordinances, regulations, or statutes applicable to the Work.
6. Restoration. The City shall avoid interfering with the Owner’s use of the Property. Upon
completion of any and all activities contemplated by the Work Plan including, without limitation,
over-drilling, backfilling, response and remediation activities, and/or cleanup of any affected area
of the Property, the City shall repair and restore all affected areas of the Property to its original
condition existing before commencement of the Work, or to an “improved” condition if the property
is improved, or as close thereto as is reasonably possible.
7. Indemnification. The City will indemnify the Owner for any damage to the Property
caused by City while performing work pursuant to this Agreement. The City will indemnify and
defend the Owner against any claim by a third party against Owner for damages or personal
injuries, including death, which damages are proximately caused by the negligent or willfully
wrongful act or omission of City in performing under this Agreement. The City will provide proof
of comprehensive general or commercial liability insurance or comparable coverage from joint
powers agencies providing the equivalent of insurance coverage to the City and provide Owner
with a policy declaration, naming Owner as additionally insured. The City shall provide Owner
with written notice of any cancellation of coverage and shall renew insurance certificates as they
expire.
Access Agreement – Monitoring Well Abandonment Project Page 3 of 3
8.Entire Understanding. This Agreement sets forth the entire understanding between the
City and the Owner with respect to the subject matter of this Access Agreement and supersedes
all prior negotiations and dealings pertaining to this Agreement.
9. Modification. No change in, addition to, or waiver of any of the provisions of this
Agreement shall be binding upon either party unless it is established in writing and signed by each
party.
10. Termination. This Agreement may be terminated by the either party at its sole discretion
with thirty days (30) days’ written notice. However, such termination will not release the City from
its responsibility for “Restoration” or “Indemnification” as stated in the aforementioned Sections of
this Agreement.
11. Notice. The person authorized to give and receive notices and information on behalf of
each party and the address and fax number for that person is set forth below. A decision
communicated by the authorized representative of each party shall constitute the decision of the
party, unless the other party has received prior notice, as provided herein, that the authorized
representative’s decision is not the decision of the party. Whenever notice or other
communication is permitted or required by this Agreement, it shall be deemed given when
personally delivered or when received, if delivered by overnight courier or email, or 48 hours after
it is deposited in the United States Mail with proper first-class postage affixed thereto and
addressed as follows:
City of Ukiah Business Name
Sage Sangiacomo, City Manager Michael Anthony Danna
Ukiah Civic Center 1535 Peregrino Way
300 Seminary Ave San Jose, CA 95125
Ukiah, CA 95482 Ukiah, CA 95482
Email: ssangiacomo@cityofukiah.com Email: dannamichael42@
Cc: cityclerk@cityofukiah.com
12.Access Agreement. This signed Access Agreement was executed the Effective Date.
Sage Sangiacomo Date
City Manager, City of Ukiah
Danna Michael Anthony Date
Property Owner
06/26/2025
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B-14
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Submittal / Revision:
2
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UKIAH WELL #2
LEGEND
MW-21B
B-15
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REMEDIATION
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PRESSURE
GROUT DPE-9
PRESSURE GROUT MW-11.
HIGH PRESSURE NATURAL GAS
TRANSMISSION LINE PRESENT.
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APN 180-080-73
DANNA MICHAEL ANTHONY1535 PEREGRINO WAYSAN JOSE, CA 95125
EXHIBIT A