EXHIBIT 6-A

SAMPLE

CARMEL RIVER RESTORATION PROJECT

RIGHT-OF-ENTRY AGREEMENT FOR

“PROJECT NAME”

The Owner of Assessor’s Parcel Number _______________ (hereinafter referred to as “Property”) desires to cooperate with the Monterey Peninsula Water Management District (hereinafter referred to as "District") to allow access across the Property to restore and protect streambanks located along the Carmel River. The District is the public agency charged with the responsibility for the integrated management of the surface and ground water resources affecting Carmel Valley and the Monterey Peninsula.

In order to reduce the potential for streambank erosion, restore channel stability, and restore riparian and aquatic habitat along the Carmel River, the District desires to gain access to the Property for heavy construction equipment to construct and maintain certain works (hereinafter referred to as "Project"). The Project includes, but is not limited to, project description [e.g., grading in the bottom and slopes of the Carmel River, installation of structural streambank protection such as rock rip-rap and gabions, and installation of riparian vegetation and an irrigation system to benefit riparian vegetation]. The work to be performed on the Property by the District shall be in accordance with the plans and specifications prepared by the District for this Project.

The District shall be responsible for securing all required permits for the Project. All works shall be performed between the hours of 7 a.m. and 6 p.m., Monday through Friday. This agreement, however, is not a promise or guarantee by the District to perform the works described herein. Heavy construction equipment, including, but not limited to, backhoes, loaders, bulldozers, and hauling trucks, may be used to install Project works. The District shall notify the Owner a minimum of 48 hours in advance of the start of the Project.

The Owner’s granting of access shall not be considered an approval of the Project, but shall be construed as permitting a right of access to and over the Property.

The Owner reserves the right to relocate access on the Property. However, any such relocation shall be adequate to implement and maintain the Project.

The District and/or its agents shall indemnify, defend, and hold harmless the Owner from any costs, actions, claims, liabilities, losses, or expenses which may occur due to any injury caused by the District and/or its agents, contractors, inspectors, or employees subject to the limits and conditions set by the District's insurance policy and/or its insurance provider(s).  The District and/or its agents shall repair damage to the Property caused by the District and/or its agents during construction of the work by the District and/or its agents. In all circumstances, the effect of this offer to indemnify, defend, and hold harmless under this paragraph is limited, and under no circumstances shall the aggregate costs paid by the District and/or its insurance provider(s) pursuant to this indemnity provision exceed the limits and conditions set by the District's insurance policy and its provider(s).  The District shall name the Property Owner as an additional insured under the District's insurance policy and shall, if requested in writing by the Owner, provide a copy of an insurance certificate.  This provision shall not create a presumption or inference that any future damage or loss has been caused by the District and/or its agents, contractors, inspectors, or employees during the installation or maintenance of the project, or otherwise.

This Agreement shall not be construed to provide a guarantee or assurance that the project shall provide any flood or erosion protection to this or any other property.

This Agreement shall commence on the date of signature by the Owner and shall terminate on _____________. Owner, by this agreement, gives permission for the District and its contractors to enter the Property for the purposes of conducting and maintaining the works described herein.

Signed: Date:

Owner or Agent

Signed: Date:

General Manager

Monterey Peninsula Water Management District

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