HomeMy WebLinkAbout1889 above in good maintenance and repair~
6. The grantee, its successors and assigns, at its •
sole expense, shall maintain that portion of the channel situate
on the property described above, to include but not be limited
to the channel bed, waterway and bulkheads, in a state of good
maintenance and repair, in accordance with the accepted practices,
specifications and requirements of the United States Army Corps
of Engineers and other federal, state or local authorities having
jurisdiction over said channel. The channel shall be maintained
to a maximum depth of 12' (or such lesser maximum depth as is `
authorized by the appropriate state and federal authorities), as
more particularly described in the channel cross section attached
hereto as Exhibit A.
7. Should the grantee, its successors or assigns, fail, 4
neglect or refuse to fulfill or perform any of its maintenance
obligations as set forth in Paragraphs 5 and 6 above, the grantor
reserves for itself, its successors or assigns, the right to enter
on said property and perform the required maintenance. The cost ;
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~ t
of said maintenance shall constitute a lien on all of the real
property conveyed by the grantor to the grantee, which lien may be
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~ foreclosed by the grantor as in the case of any lien foreclosure.
I Grantor's right of entry to perform maintenance shall neither
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` obligate it to perform said maintenance nor shall it prevent the
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~ grantor from suing at law or in equity to enforce the covenants
herein contained. -
8. Grantee agrees to comply with all applicable zoning,
land use , water use , air and water pollution laws , ordinances or
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regulations of any governmental body or agency having jurisdiction
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- over said property.
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~ 9. Grantee shall maintain all vessels, moored, docked
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~ or stored on the property in a clean, sightly and shipsh ape manner. '
No vessels or equipment shall be permitted to obstruct the channel
~ or navigation therein, except for dockage.
~ 10. Vessels vehicles e ui ment and materials may be
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