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HomeMy WebLinkAbout2936 - , ~ i,. ~ 6. The grantee, his heirs and assigns, at his sole expense, shall maintain that portion uf 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 re- E , ; quirements 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 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, his heirs or assigns, fail, neglect, ~ or refuse to fulf~ll or perform any of the maintenance obligations as set forth in Paragraphs S and 5 above, the grantor reserves for itself, its successors or assigns, the right to enter on said prope.rty and perform the required maintenance. ~h~'~v'~ of said maintenance shall constitute a lien on the real property conveyed herein by the grantor to the grantee, which lien may be foreclosed by the grantor as in the the case of any lien foreclosure. Grantor's right of entry to perform maintenance shall neither oligate it to perform said ~ l • ~ - maintenance nor-shall it prevent the grantor from suing at law or in E ~ equity to enforce the covenants herein contained. - I 8. Grantee agrees to comply with all applicable zoning, land ~ ; use, water use, air and water pollution laws, ordinances or regula- 4 tions of any governmental body or agency having jurisdicition over i ~ 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 sha11 be permitted to obstruct the channel or .s navigation therein, except for dockage. - r,r ~ 10. Vessels, vehicles, equipment, and materials may be stored ~ on the property in the open, provided such storage is maintained in a proper and neat manner or such storage is fenced from view. 11. Should the grantor, its successors or assigns, employ counsel to successfully enforce any of the foregoing covenants, -3- o R 234 ~~~2~134 - . - - 6eo~c ~ ~ - , . ~,~,«sa~ e;~ ~ . ~ ~ . - - ~ - " ~'u - ~ _ ~t s~ ' v . ~ 'f"'. ~ ~ _ .K_ _ _ ,f~ ° _