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shall maintain that portion of the channel situate on the property .
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described above, to include but not be limited to the channel bed, ~
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waterway and bulkheads in a state of good maintenance and repair, in ;
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acco.rdance with the accepted practices, specifications and require- '
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ments of the United States Army Corps of Engineers and other federal,
state or local authorities. having jurisdicition 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, _
neglect or refuse to fulfill or perform any of its maintenance
~obligations as set forth in Paragraphs S and 6 above, the Grantor
reserves for itself, its successors or assigns, th~ righ.t to enter
on said property and perform the required maintenance. The cos~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 foreclosed
by the Grantor as in the case of any lien foreclosure. Grantor's
right of entry to perform maintenance shall neither obligate it to
perform said maintenance nor shall it prevent the Grantor from suing
at law or in equity to enforce the covenants herein contained.
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t 8. Grantee agrees to comply with all applicable zoning, land
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~ use, water use, air and water pol~.ution law, ordinances or regula-
~ tions of any governmental body or agency having jurisdiction over
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~ said property. ,
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9. Grantee s}iall 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 or navigation
~ therein, except for dockage.
~ 10. Vessels, vehicles, equipment and materials may be stored on ~
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~ the property in the open, provided such storage is maintained in a j
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~ proper and neat manner or such storage is fenced from view. ~
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~ 11. Grantee shall not use the property for a commercial ship- i
yard provided always that Grantee may use the property for repair,
renovation, alteration or maintenance of its vessels, vehicles or
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