HomeMy WebLinkAboutGuidiville Rancheria 2025-10-20 COU No.
Access Agreement
between
City of Ukiah
and
Guidiville Rancheria
This Access Agreement (the "Agreement") is entered on October 20 2025 ("Effective
Date"), in Ukiah, California between the Guidiville Rancheria ("Guidiville"), a federally-
recognized Indian tribe, and the City of Ukiah ("City), a general law municipal corporation, who
is the owner of real property located at Ukiah, California, also known as Mendocino County
Assessor's Parcel Number 178-130-01-00 (the "Property").
RECITALS.
1. The City owns a 285-acre property located at identified as 3100 Vichy Springs
Road, also known as Mendocino County Assessor's Parcel Number 178-130-01-00 ("Property'),
approximately 40 acres of which was used as a solid waste landfill until 2001.
2. This Agreement allows for Guidiville to enter the Property to transport
construction materials across the Property to the Guidiville Rancheria for the purpose of building
a solar array for Guidiville's microgrid project, subject to the terms and conditions of this
Agreement. Hereafter, all references to the "Guidiville" include its authorized representatives,
contractors and subcontractors.
AGREEMENT.
In consideration of the above-recited facts and the terms and conditions as further stated herein,
the parties agree as follows:
t. Rat of Entry. During the term of this Agreement, the City hereby grants Guidiville a
right of access and use and authorizes Guidiville to enter the Property in the area depicted in
Exhibit A to this Agreement in order to transport construction materials across the Property to
the Guidiville Rancheria for the purpose of building a solar array for Guidiville's microgrid
project.
2. Term. The term of this Agreement begins on the Effective Date and continues until
November 5, 2025, unless earlier terminated as provided in paragraph 10, below.
3. Notification. Guidiville shall give a minimum of 24-hour notice to the City before
entering the Property to perform any part of the work under this Agreement, unless otherwise
authorized by the City.
4. Applicable Law and Re, u1Q adons. In exercising its rights under this Agreement, the
Guidiville will comply with all applicable laws, statutes, regulations, ordinances, or directives of
whatsoever nature with respect to the work performed under the Agreement including, without
Access Agreement—Construction Equipment Transport for Microgrid Project Page 1 or 3
limitation, all applicable health, safety, and environmental laws, directives, ordinances,
regulations, or statutes.
5. Choice of Law,• t/ n e•Dispute Resolution.
This Agreement shall be governed by the laws of the State of California. Any action or
proceeding hereunder shall be brought pursuant to the Limited Waiver of Sovereign Immunity
attached hereto as Exhibit B, and the parties irrevocably consent to the personal and subject
matter jurisdiction and the venue of such hearing bodies and courts, and waive any rights to
after or change venue, including by removal, as further provided in Exhibit B.
6. Restoration. Guidiville shall avoid interfering with the City's use of the Property. Upon
completion of any and all activities contemplated by this Agreement on the Property, Guidiville
shall repair and restore all affected areas of the Property to its original condition existing before
commencement of the term of this Agreement, or to an "improved" condition if the Property is
improved, or as close thereto as is reasonably possible.
T. Indemnification. Guidiville will indemnify the City and its officers and employees
(indemnities) for any damage to the Property caused by Guidiville or its contractors while
performing work pursuant to this Agreement. Guidiville will indemnify and defend the
indemnities against any claim by a third party against any of them for damages or personal
injuries, including death, which damages are alleged to have been proximately caused by the
negligent or willfully wrongful act or omission of Guidiville in performing under this Agreement.
Guidiville will provide the defense entirely at is expense with qualified attorneys approved by
City. Guidiville will provide proof of comprehensive general or commercial liability insurance
and shall provide City with a policy declaration, naming City as additionally insured. Guidiville
shall provide City with written notice of any cancellation of coverage and shall renew insurance
certificates as they expire.
& Entire Understanding. This Agreement sets forth the entire understanding between
Guidiville and the City 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. City shall the right to terminate the
agreement and prohibit Pinoleville or its contractors from accessing the Property, if Pinoleville
has breached any provision of this Agreement and has failed to cure the breach within five (5)
days of City's giving notice of the breach and in the case of a curable breach of the actions
Pinoleville must take to cure the breach. However, such termination will not release Guidiville
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
Access Agreement-Construction Equipment Transport far Microgrid Project Page 2 of 3
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 Guidiville Rancheria
Sage Sangiacomo, City Manager Donald Duncan, Tribal Chairperson
Ukiah Civic Center Guidiville Rancheria
300 Seminary Ave 401 B Talmage Road
Ukiah, CA 95482 Ukiah, CA 95482
Email: ssangiacomo@cityofukiah.com Email: admin@guidiville.net
12. Access Agreement This signed Access Agreement was executed the Effective Date.
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Sa a Sangiac mo Date
City Manager, City of Ukiah
Guidiville Rancheria Date
By Donald Duncan Tribal Chairperson
Access Agreement-Conslruciton Equipment Transport for Microgrid Project Page 3 of 3
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EXHIBIT B
LIMITED WAIVER OF IMMUNITY AND DISPUTE RESOLUTION
Limited Waiver. Guidiville Rancheria of California(hereinafter"GRC")does not waive
its sovereign immunity except as expressly set forth herein. This limited waiver is granted solely
by the GRC but shall not be deemed a waiver of the rights,privileges,and immunities of the GRC.
CRC hereby irrevocably and unconditionally grants a limited waiver of its sovereign for the
following purposes and for no others:
(a) To enable only the City of Ukiah, but no other person or entity,to take any
and all actions necessary to enforce the provisions of this Agreement,including actions for
injunctive or declaratory relief,monetary damages,specific performance or other legal and
equitable remedies authorized by this Agreement,to compel and arbitration, and to effect
enforcement and execution of any remedy granted therein;
(b) to enable only City of Ukiah to recover monetary damages against GRC
relating to breach of this Agreement, provided the recourse under such remedy is limited
solely to recovery from the personal property assets, accounts, and future revenues of the
Business entity of the GRC with the exception of any federal funds, and is subject to the
limitations on damages set forth herein;
(c) to authorize binding arbitration to be conducted in accordance with the
Governing Law and pursuant the Governing Law(as defined here),to permit enforcement
of the terms of this Agreement in accordance with the dispute resolution provisions set
forth herein (which are incorporated by reference into this limited waiver of immunity),
and to permit enforcement and execution of any award resulting therefrom, and in any of
the Permitted Forums(as defined herein); and
(d) to permit service of process, summons, notice or other document issued
with respect to any Action arising hereunder.
13.2 Limitations on Waiver. The limited waiver of sovereign immunity granted herein:
(1) is granted by GRC only, and does not include a waiver, either express or otherwise, by the
GRC, of any other economic arm of the GRC, any GRC Government agency, department or
subdivision, or any officer,director,employee or agent thereof; (2)permits an award of monetary
damages only for breach of this Agreement and only to the extent expressly set forth herein, and
does not permit recovery of consequential,incidental,punitive,or special damages; (3)is effective
and irrevocable during the Term and for the longest of(i) two (2) years after termination of this
Agreement, (ii)until all obligations of Tribe under this Agreement are satisfied in full,or(iii) the
final conclusion of any timely initiated dispute resolution proceedings pursuant to this Agreement,
including the conclusion of any enforcement actions.
13.3 Limited Recourse. The obligations of GRC under this Agreement are general
obligations of GRCIand does not include any other assets, funds, and personal property of the
GRC.
Nothing in this Section shall prevent or restrict recourse to the Collateral or limit only City of
Ukiah from seeking or obtaining a money judgment against GRC as permitted hereunder.
Arbitration. Any and all disputes, claims, or controversies of the Parties arising under
this Agreement or between the Parties(each,a"Dispute") shall be heard and resolved exclusively
by binding arbitration through the AAA,as follows:
(a) The dispute submitted to arbitration hereunder shall be limited only to
causes of action arising under this Agreement. Before undertaking arbitration, the Parties
shall make reasonable efforts to resolve all disputes informally, including but not limited
to a meeting between the officers of the Parties. If the Parties are unable reach an
agreement within thirty(30)days of such meeting,then either Party may initiate arbitration.
(b) The Parties agree that all Disputes arising under or relating to this
Agreement or the Parties' relationship shall be subject to arbitration, including Disputes
regarding the application, enforceability, or interpretation of this Agreement and this
arbitration provision. All Disputes shall be subject to arbitration, no matter what legal
theory they are based on or what remedy (damages, injunctive or declaratory relief) they
seek. This includes all Disputes based on this Agreement, tort(including intentional tort),
fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law;
Disputes made as counterclaims, cross-claims, third-party claims, interpleaders or
otherwise; and Disputes made independently or with other claims.
(c) Unless as set forth below, arbitration proceedings shall be administered by
the AAA or other administrator as the Parties shall mutually agree upon in accordance with
the AAA Commercial Arbitration Rules. A single (1) arbitrator shall be chosen by the
Parties from a list of qualified arbitrators to be provided by the AAA, each of which must
be active members of a state bar and a retired judge from the state or federal judiciary of
any state or the federal judiciary, with a minimum of five (5) years of experience in the
field of federal Indian law. The Parties further agree that no arbitrator or member of an
appellate tribunal shall be an officer, agent, employee, stockholder, family member, or
contractor of either Party or its parents, subsidiaries, or affiliates, nor shall any arbitrator
or appellate tribunal member be a member or descendant or spouse of a member or
descendant of the GRC, or otherwise have any affiliation with the GRC. If the parties
cannot agree on an arbitrator within ten (10) business days after notice from the AAA
seeking nominations, then the arbitrator shall be named by the AAA. Arbitration shall
continue without delay despite the failure of a Party to respond or participate in any arbitad
proceeding. Arbitrators are empowered to resolve the matter by summary rulings in
response to motions filed prior to the final arbitration hearing. Arbitrators(i)shall resolve
all Disputes in accordance with the Governing Law, (ii) may grant any type of remedy or
relief that any of the Permitted Forums could order or grant within the scope of this
Agreement,and including such ancillary relief as is necessary to make effective any award,
and(iii)shall have the power to award recovery of all costs and fees,to impose sanctions,
and to take any such other actions as the arbitrator deems necessary to the same extent a
judge could pursuant to the Federal Rules of Civil Procedure or the Rules of Civil
Procedure of the forum of the Governing Law. If there is any inconsistency between the
terms hereof and any such rules,the terms and procedures set forth herein shall control.
(d) Notwithstanding any language to the contrary in this Agreement,the Parties
hereby agree: (i) that the arbitrator's award ("Underlying Award') may be appealed
pursuant to the AAA's Optional Appellate Arbitration Rules("Appellate Rules"); (ii)that
the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned
award; (iii)and that the Underlying Award shall not be considered final until after the time
for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must
be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule
A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following
the appeal process,the decision rendered by the appeal tribunal may be entered in any court
having jurisdiction thereof. The Parties further agree the Underlying Award, as modified
by an AAA appellate tribunal,may be further vacated or corrected by any of the Permitted
Forums(as defined herein) for any legal error made by an arbitrator or an AAA appellate
tribunal.
(e) An arbitration hereunder shall occur in San Francisco, California, and shall
be conducted in person,unless otherwise agreed to by the Parties and the arbitrator.
(0 All statutes of limitation applicable to any Dispute under the Governing
Law shall apply to the claims in any arbitration proceeding hereunder. All discovery in an
arbitration proceeding shall be expressly limited to matters directly relevant to the Dispute
being arbitrated. Judgment may be entered on any arbitration award. Any final award
hereunder shall be appealable only in accordance with the Federal Arbitration Act(Title 9
of the United States Code) and the AAA Appellate Rules.
(g) For purposes of all dispute resolution hereunder, each Party hereby
irrevocably and unconditionally consents to the following as the exclusive forums for
enforcing an arbitration award and this Agreement, and for executing on any judgment
therefrom: (t)the United States District Court for the northern District of California; and
(2) if the foregoing courts lack jurisdiction, then(2)any United States District Court; and
if the foregoing court lacks jurisdiction,then(3) any Court of the State of California, and
for any of the foregoing courts, any court to which appeals therefrom may be taken
(collectively the"Permitted Forums"). For purposes of an execution on a final judgment
only, the Parties hereby irrevocably and unconditionally consent to any of the Permitted
Forums, or any other court with jurisdiction, including the Court of the Tribe, and any
courts to which appeals therefrom may be taken. The Parties each irrevocably and
unconditionally waive any objection it may have to venue and jurisdiction in the Permitted
Forums, and to any defense that any such forum is inconvenient.
(h) The Parties each hereby duly and irrevocably waive the right to demand a
jury trial of any claim or action arising herein, to the fullest extent permitted by law.
(i) The GRC hereby irrevocably and unconditionally waives and right to
exhaust tribal remedies to permit the dispute resolution proceedings set forth herein.
0) Each of the Parties hereby irrevocably consents to service of process in the
manner provided for notices in any Agreement; rop vided, that nothing in any this
Agreement will affect the right of any party thereto to serve process in any other manner
permitted by law.
(k) The expenses of arbitration shall initially be borne equally by the Parties,
but the arbitrator may order the losing party to reimburse the prevailing party for costs and
attorneys' fees the prevailing party has incurred, along with the cost of the arbitration.
14.2 Confidential Nature of Arbitration. Any arbitration hereunder shall be
conducted as a private proceeding between the parties, and the documents, discovery, all
proceedings,and the final award(except as required for any action to compel arbitration,an appeal,
execution, and collection) shall be treated as Confidential Information.
14.3 Governing Law. The interpretation, validity,and performance of this Agreement
shall be governed by the laws of the State of California, without regard to its conflict of law
principles, and any applicable federal law. The limited waiver of sovereign immunity granted by
the GRC to permit the enforcement of this Agreement shall be governed by federal law.
i@
GVIDIVILLE
DIAN RAICHERIA
APPROVING AN TEMPORARY ACCESS AGREEMENT TO CITY OF UKIAH
LANDS AND CONTAINING A LIMITED WAIVER OF SOVEREIGN
IMMUNITY IN FAVOR OF GREEN EARTH INVESTMENT COMPANY
Resolution # 25 - 513
WHEREAS, Guidiville Band of Pomo Indians of the Guidiville Rancheria is a federally
rem,-nized Tribe that had its federal acknowledgement and land base
illegally terminated by the federal government; and
WHEREAS, Guidiville Band of Porno Indians of the Guidiville Rancheria was re-
recognized a federally recognized Tribe as a result of the Scotts Valley el.
al 1 the United States of America case of September 6, 1991 {NO. C-86-
)660-VRW) but its land base was not restored; and
WHEREAS, Article IV Section 3) of the Guidiville Constitution states that the
Governing body ol'the"tribe is the Guidiville Tribal Council; and
WHEREAS, Article V Section l of the Guidiville Constitution further states that the
Tribal Council of the Guidiville Band of' Pomo Indians of the Guidiville
Rancheria as the duly authorized governing body of the Tribe and may
fully exercise +governmental responsibilities, and is empowered to make
Tribal policy, pass Tribal codes and ordinances, approve contracts, and
carry out -Tribal business under the authority of the Constitution of the
Tribe: and
WHEREAS, The Tribe desires to gain temporary access to move microgrid
construction materials through the City of Ukiah Landfill and onto tribal
lands: and
WHEREAS, The Tribe and City of Ukiah have negotiated a temporary Access
Agreement for that purpose; and
WHEREAS. The Access Agreement contains a limited and conditional waiver of the
Tribe's sovereign immunity in favor of only City of Ukiah, and excluding
ail other third parties.
P.O. Box 339,Talmage, California 95481 1 P: 707.462.3682 F: 707.462.9183
Page 2
ResolGl on 2?-53
THEREFORE BE IT RESOLVED, that pursuant to Article: V. Section 2(k) of the:
Tribal Constitution the Tribal Council hereby approves the Access Agreement including
a waiver of their sovereign immUitity, on a limited and conditional basis in favor of only
City of Ukiah. as more fully described in the Access Agreement and does herebN direct
Tribal Chairperson Donald Duncan. to execute the Acess Agreement on behalf of the
'tribe.
CERTIFICATIO,`
This is to eertiry that Resolution In 25-5; was approved at a special mecting of the Tribal
Council of the Guidiville Rancheria of Calitbrnia on October 20. 2025. at which a quorum
was present and that this resolution was adapted by a vote For, Opposed.
Abstentions.
This resolution has not been rescinded. We further certify that this document was
eXecuted in duplicate, and that each certified copy containing original signature is a true
and correct cope of the original document on file with the Secretary of the Guidiville
Indian Rancheria.
74.ISCt �1 Y J i JZ VT F�j
Donald Duncan. Chairperson Date
A-F1'EST:
11L /0,��o
David Galarza. Secretary Date
Gutdiville Indian Rancheria I P.O.Box 339,Talmage,California 95481 1 P: 707.462.3682 F: 707.462.9183
DATE(MMIDDIYYYY)
A`0 o® CERTIFICATE OF LIABILITY INSURANCE
12/9/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME: Maria Davis
Lincoln-Leavitt Insurance PRONE (707)263-7162 FNCAX
N0: (707)263-s011
650 N Main St EAA061DRE55:mania—davis@leavitt.com
CA Llc. NOC73811 INSURERS AFFORDING COVERAGE NAIC 0
Lakeport CA 95453 INSURER A:Hudson Insurance Company 25054
INSURED INSURER B:
Guidiville Indian Rancheria INSURERC:
PO Box 339 INSURER 0:
INSURER E:
Talmage CA 95481 INSURER F:
COVERAGES CERTIFICATE NUMBER:25/26 GL/Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADOL UBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MW
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A CLAIMS-MADE a DAMAGE TO RENTE15)OCCUR PREMISES Ea occurrence $ 300,000
X NACLO134703 5/24/2025 5/24/2026 MED EXP(Any one person) S
PERSONAL A ADV INJURY S
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000
X POLICY PRO-JECT LOC PRODUCTS-COMPlOPAGG S 1,000,000
OTHER: S
AUTOMOBILELU161LITY COMBINEDISINGLELIMIT $ 1,000,000
A X ANYAUTO BODILY INJURY(Per person) S
ALL OWNED SCHEDULED RACLO134703 ,4 ./24/2026 BODILY INJURY(Per accident) $
AUTOS AUTO$
NON-OWNED PROPERTYDAMAGE $
HIREDAUTOS AUTOSaccident)
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAR HCLAIM$-MADE AGGREGATE $
DED RETENTION i $
WORKERS COMPENSATION I PER TH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PROPRIETOR(PARTNERIEXECUTNE ElNIA
E.L.EACH ACCIDENT S
OFFK:ERIMEMBER EXCLUDED?
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
d yes,describe under
DESCRIPTION OF OPERATION$below I E .',ISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORO 101,Additional Remarks Schedule,may be attached If more spaca is required)
Land Access Owned by City of Ukiah. City of Ukiah its officers and employees are included as additional
insured for General Liability per endorsement No 1 attached.
CERTIFICATE HOLDER CANCELLATION
sriley@cityofukiah.com
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ukiah THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
300 Seminary Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
Ukiah, CA 95482
AUTHORIZED REPRESENTATIVE �,.
Maria Davis MADPVI ft"A WUI�
C 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INS025(201401)
Endorsement No.: 1
This Endorsement attaches to and forms part of Policy No.:TBD NACL01347-03
RUDSON In the name of: Guidiville Indian Rancheria;Guidiville Band of Pomo Indians
Effective date of this Endorsement is 12:01 a.m., November 13,2025
ENDORSEMENT-DESIGNATED ADDITIONAL ASSURED
Additional"Assured"status is granted to the following scheduled entity listed below. The entity is an additional"Assured"under this policy,but only
for liability arising out of the premises and operations of the Named Assured while acting by or on behalf of the Named Assured.
Status as an Additional Assured Name and Address of Additional Assured
Political Subdivision
❑ Railroad
❑ Lessor
Loss Payee/Mortgagee
❑ Property Owner
Golf Mobile User
watercraft user
Real Estate Manager
❑ Railroad
Assured Status Required by Designated Contract
❑X Other-Describe: Additional Assured See Attached List
This additional"Assured"status only applies to coverage provided by
1. Insuring Agreement A-General Liability including Contractual Liability,Products and Completed Operations Liability
2. Insuring Agreement 8-Liquor Liability;
3. Insuring Agreement F-"Automobile Liabilly.
Endt Designated Addl Assd 08109 Revision Page 1 of 2
List of Additional Assureds
State of California and the Department of Housing
PO BOX 952054
Sacramento,CA 94252-2054
Mendocino County Resource Conservation District
Including its appointed officials,officers,employees,agents,and volunteers
115 East Smith Street
Ukiah,CA 95482
City of Ukiah,its officers and employees
300 Seminary Ave
Ukiah CA 95482
Endt Designated Addl Assd 08/09 Revision Page 2 of 2