2.1.1 New East Wall. Purchaser agrees to have a new block wall constructed as shown on Exhibit “D” as “Prop. Wall”, attached hereto and incorporated herein by this reference. The existing block wall along the eastern edge of the Property shall be owned by Purchaser as shown on said Exhibit “D” as “Ex. Wall” upon completion of the Prop. Wall. Purchaser’s contractor shall be responsible for obtaining a construction encroachment permit from Coachella Valley Water District at their sole cost and expense. Purchaser and/or Purchaser’s contractor shall bear all costs of locating the wall including but not limited to structural engineering, permit fees, inspection fees, material costs and contractor fees and expenses. Purchaser and/or Purchaser’s contractor shall not permit the recordation of any lien or notice on either the Property or the Surplus Property and shall maintain the same in a lien free condition. Purchaser’s contractor shall be currently licensed with the California Contractor’s State License Board and provide evidence of insurance as set forth on Exhibit “F” , attached hereto and incorporated herein by this reference. Purchaser acknowledges and agrees that Southern California Edison (“SCE”) owns an easement within the Surplus Property and that the relocation of the wall shall be subject to the approval of SCE and shall not result in any interruption of service to the wellsite; 2.1.2 Installation of Wrought Iron Gates and Fence. Purchaser shall install, or have installed, wrought iron gates and fence panels as shown on Exhibit “E” attached hereto and incorporated herein by this reference. Purchaser shall bear all costs and expenses of such installation including but not limited to City permits and permanent and construction permits from Coachella Valley Water District, engineering, construction and materials, inspection fees, material costs and contractor fees and expenses. Purchaser and/or Purchaser’s contractor shall not permit the recordation of any lien or notice on either the Property or the Surplus Property and shall maintain the same in a lien free condition. Purchaser’s contractor shall be currently licensed with the California Contractor’s State License Board and provide evidence of insurance as set forth on Exhibit “F” , attached hereto and incorporated herein by this reference. Purchaser shall not permit the recordation of any lien or notice on either the Property or the Surplus Property and shall maintain the same in a lien free condition. 2.1.3 Access Easement Restrictions on Parking. Purchaser acknowledges and agrees that Seller will access to the Property from Sunrise Drive, aka Sunrise Circle, over a portion of the Surplus Property via an access and pipeline easement to be retained by Seller in the Grant Deed attached hereto as Exhibit “C” and depicted in attached Exhibit “B” . Purchaser agrees that Seller’s existing gate may not be blocked at any time and all parking in front of the gate shall be prohibited. 2.1.4 Administrative and Legal Fee. Purchaser has deposited the sum of Fourteen Thousand Dollars ($14,000.00) (the “Deposit”) with Seller to be used toward administrative and legal expenses incurred in preparing this Agreement and consummating the transaction contemplated by this Agreement. Should the actual costs exceed the Deposit, Purchase shall pay any amount in excess of the Deposit upon receipt of an invoice for the same. Should the actual costs be less than the Deposit, the remaining balance of the Deposit shall be refunded to Purchaser; and 2.2 Escrow and Title Insurance . The parties do not intend to use an escrow for the performance of this Agreement. However, Purchaser may, at Purchaser’s sole cost and expense, obtain a policy of title insurance.
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