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above in good maintenance and repair.
6. The Grantee, its successors and assigns, at its
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sole expense, shall maintain that portion of the channel situate #
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on the property described above, to include but not be limited ~
to the channel bed, waterway and bulkheads, in a state of good ;
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maintenance and repair, in accordance with the accepted practices, s
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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 #
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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
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hereto as Exhibit A. ~
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7. Should the Grantee, its successors or assigns, fail, ~
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neglect or refuse to fulfill or perform any of its maintenance ~
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obligations as set forth in Paragraphs 5 and 6 above, the Grantor
reserves for itself, its successors or assigns, the right to enter ~
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on said property and perform the required maintenance. The cost ~
of said maintenance sha11 constitute a lien on all of the real :
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property conveyed by the Grantor to the Grantee, which lien may be
foreclosed by the Grantor as in the case of any lien foreclosure. ~
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j 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
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~ herein contained. , ~
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8. Grantee agrees to comply with all applicable zoning, ~
land use, water use, air and water pollution law, ordinances or
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regulations of any governmental body or agency having jurisdiction `
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over said property. ~
9. Grantee shall maintain all vessels, moored, docked
~ or stored on the property in a clean, sightly and shipshape manner.
~ No vessels or equipment shall be permitted to obstruct the channel -
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~ or navigation therein, except for dockage.
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10. Vessels, vehicles, equipment and materials may be
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