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(c) During the term hereof Operator shall be
exclusively in charge of water control management (including
without being limited to irrigation, drainage and Reservoir
operation) and all road maintenance, at cost, for ~he benefit
oE all Owners, and the costs and expenses thereof shall be .
pro rated among a12 Owners. Owner shall have a lien on each
Owner's acres interests in the Reservoir for the latter's
pro rata shar8 on account of such costs.
(d) Should the within agreement with Operator, ;
pursuant to the terms hereof, terminate without a Rew Manage- '
ment and Operating A4reement having be~n entered into by aIl ~
then Owners, then Owners, for themselves and their successors
in title, do herewith agree that all water control management
(including without being limited to irrigation, drainage and -
Reservoir operation) and all road maintenance shall be con-_
trolled and managed as follows: (i) Said water control manage-
ment and road maintenance and all authority with respect thereto
shall be vested in such legal entity as a two-thirds majority
of the then Owners (by blocks) shall determine; (iij the manager
thus designatecl shall have all of the powers, rights, liens
and authorities with respect to~these matters as by this agree- ~
ment are placed in Operator; (iii) the.costs of such water
control ~anaqement and road maintenance shall be borne and paid F
by the then Owners in the same manner and proportions as are
set forth in Paragraph 7 hereof, and the said manager shall
have the same rights and remedies against any defaulting Owner
as are provided in Paragraph 12 hereof (the administration of
purchases of acres of a defaulting Owner in behalf of all other
then Owners shall remain the same as is provided for in Para-
graph 12 hereof). In the event of such termination, all other
management and maintenance of the Groves shall be the individual ~
respnnsibility of each Owner.
;
The provisions of this Paragraph 13 ;
shall survive the termination of this agreement with the Operator
in the absence of any new or succeeding Management and Operatirig ~
Agreement. ~
14. The Reservoir acreage (80 acres, more or ~
less) sha11, as heretofore provided, be held by Operator in its ~
name in trust for the benefit of all Owners, each of whom shall
have an undivided interest therein equivalen~ to the proportion
that his respective blocks in the Grove bear to the entire
nuinber of blocks in the Grove, and the costs and profits, if any,
from the management and m~intenance of the Reservoir shall be ~
borne and enjoyed by all then Owners in the same proportion. _
Concurrently herewith, Operator and Owners, and each of them, are
entering into a Trust Agreement dealing with the ownership of
the :teservoir acreage. The terms oF said Trust Agreement are -
hereby, by this reference, incorporated into this agreement as
though set forth in full herein.
GENERAL PROVISIONS
A. All of the terms ~nd provisions of this
agreement shall extend to and be binding upon the parties heret~,
their respective successors in title, transferees, assigns, heirs ~
ar.d represer.tatives and shall constitute covenants running with
the land.
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