IFB_2024-18_A9.6_-_Exh._A_-_Attachment_6_-_Access_-_Ross.pdf

Temporary Right of Entry Agreement between Frank Ross and the California State Lands Commission for the Prosser Dam Road Fuel

Reduction Project

THIS TEMPORARY RIGHT OF ENTRY AGREEMENT (“Agreement”) is made this day of _________ , 2025 (the “Effective Date”) by and between the California State Lands Commission, (“Commission”), and Ross Family Trust the private property owner (“Property Owner”).

RECITALS

A. The Property Owner owns certain real property in the County of Nevada, State of California which is depicted on Exhibit A: Map and commonly referred to by Assessor’s Parcel No.(s) 016-602-003-000 (the “Property”); and

B. Commission staff wish to complete wildfire abatement work known as the Prosser Dam Road Fuel Reduction Project (“Project”) between September 2025 and September 2026 on neighboring parcels to the Property; and

C. In order to access the Project site, Commission staff and its contractors must cross the Property; and

D. Property Owner is willing to grant Commission staff temporary access over the Property for the purpose of completing the Project.

NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, incorporating the recitals, the Commission and Property Owner agree as follows:

I. Permission is hereby given to the Commission, its officers, employees, agents, representatives, invitees and persons under contract therewith, to enter, with all necessary personnel and equipment, the Property for the purpose of facilitating access and equipment and material hauling related to project activities on an existing road/driveway as described in Exhibit B: Scope of Work and for such other purposes as may be incidental thereto subject to the following provisions:

IFB #2024-18 Exhibit A - Attachment 6

A. Property Owner assumes no liability for loss or damage to property or injuries to or deaths of agents, contractors or employees of Commission by reason of the exercise of privileges conferred herein.

B. Commission and its employees, officers, contractors, agents, or invitees shall exercise reasonable precaution while crossing the Property.

C. Property Owner agrees that the Commission or its contractors may, in its discretion, install gravel cover on the road on the Property to improve access or repair damage as described in Exhibit B.

D. Nothing in this permit shall preclude Property Owner from filing a claim or claims for any loss or expense which Property Owner or his tenant may suffer caused arising out of the exercise by Commission of the rights herein granted, provided that the Commission first must be provided the opportunity to repair or replace to the reasonable satisfaction of the Property Owner any such damage to or destruction of Property Owner’s property.

E. The Commission agrees to hold harmless Property Owner from any damage caused by the Commission’s use of the Property.

F. This permit shall expire on June 30, 2026.

California State Lands Commission:

Signed:

Date:

By: Grace Kato, Acting Executive Officer

Address: 100 Howe Avenue, Suite 100- South, Sacramento, CA 95825

Property Owner:

Signed:

Date:

By: Frank Ross as Trustee of the Ross Family Trust, Property Owner

Phone Number: ________________

Email: __________________________

Address:

EXHIBIT A: MAP

EXHIBIT B: SCOPE OF WORK

As part of the Project, a landing for the processing of harvested material will be located to the north of the Property on Commission property. Moon Shadow Court and a portion of the Property driveway need to be used to access the landing located on Commission property. Equipment that may need access to the landing through the Property includes an 18-wheel log truck and a semi-truck with a low boy which is loaded with harvesting equipment, either a rubber-tired skidder, a feller buncher, or a masticator. In order to access the landing, equipment will access the Property at the end of Moon Shadow Court, travel up a portion of the Property driveway, and unload at the landing on Commission property behind the Residential structure on the Property. Equipment shall exit using the same route as was entered by turning around at the landing. If necessary, up to 25 tons of 3/4” volcanic gravel shall be spread on the traveled surface of the Property driveway upon completion of landing use to restore the driveway on the Property to its original condition.