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HomeMy WebLinkAbout0468 . ~ i 6. The grantee, his heirs and assigns, at his sole expense, i : i shall maintain that portion of the channel situate on the property ; described above, to include but not be limited to the channel bed, ~ i waterway and bulkheads, in a state of good maintenance and repair, ~ ~ # in accordance with the accepted practices, specifications and re- ~ i quirements of the United States Army Corps of Engineers and other federal, state or local authorities having_~urisdiction 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 attach~d he~reto as Exhibit A. " ~ 7. Should the grantee, his heirs or assigns, fail, neglect, ~ or refuse to fulfill or perform any of the maintenance obligations as set forth in Paragraphs S 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 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 maintenance nor shall it prevent the grantor from suing at la~ or in [ ~ f equity to enforce the covenants herein contained. ' ~ € 8. Grantee agrees to comply with all applicahle zoni.ng, land _ ~ use, water use, air and water pollution laws, ordinances or regula- ~ z ~ tions of any governmental body or agency having jurisdicition over ~ said property. ~ ~ , ~ 9. Grantee shall maintain all vessels, moored, docked or ; ; ~ ~ ~ stored on the property in a clean, sightly and shipshape manner. No ~ _ ~ y vessels or equipment shall be permitted to obstruct tf~e channel or 1 ! = navigation therein, except for dockage. ~ ~ 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, ~ ~ ~ ~ ~ ~ ~ ~ - aooK 2~ ~ ~ - 3- 467 ~ ~ ~ ~ y t~ , . , , . _ '