changes will not unreasonably interfere with Grantor’s access or Grantor’s pipelines; provided, however, such consent shall be at the sole and absolute discretion of Grantor. Grantee shall be solely responsible for the maintenance and repair of all walls and fencing on the Surplus Property, including the maintenance and repair of footings, removal of graffiti and trash or debris removal within the Surplus Property and any and all security within the Surplus Property. Grantee, and its successors and assigns, shall defend and indemnify Grantor and its successors and assigns from and against any claim, action, cost, expense or liability arising out of Grantee’s or Grantee’s agents or assignees or third parties use of the Surplus Property, including without limitation, personal injury, death, damage to property and mechanic’s or materialman’s liens against any portion of the Surplus Property or the real property of which it is a part. The use and enjoyment of the Surplus Property done with the minimum reasonable disruption to Grantor’s activities, and in compliance with all applicable state and federal laws, ordinances and regulations (including, without limitation, regulations concerning hazardous materials and clean water). The covenants contained herein shall be perpetual and shall run with the land.
COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California
Dated: __________________
By: Name: J. M. Barrett Its:
General Manager
OUTDOOR RESORTS / PALM SPRINGS OWNERS ASSOCIATION, a California non-profit corporation
By: Name: Title: President
By: Name: Title: Secretary
EXHIBIT “C”
19782.00019\32344835.3
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