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HomeMy WebLinkAbout2897 ~ .t . s . ~ ~ ~ ~ ~ rior ~ 1. Party of the first part, subject to any p authority by law vested in the Corps of Engineers, U. S. Army, and insofar as it legally may do so, covenants with and grants unto the party of the second part as follows: (a) The full and complete use and access over and across any lands lyinq between the channel of Canal 25 (Taylor Creek) and the lands of second party, which shall not interfere with the operations of first party, and second party shall not construct any structures which will in any way impede or interfere with the proper operation and maintenance of first party's canal and facilities. (b) The right and privilege of constructinq, at their own cost and expense, a deep-water bulkhEad along the line of that part of the South right of way line of said Canal 25 adjacent to the lands of the second party in accordance with specifications and conditions which may be contained in any permits issued for that purpose by the Corps of Engineers and first party. (c) The right and privilege, including the right of ingress and egress requisite therefor, of dredging or excavating any area lying between such bulkhead as constructed and the main channel of said canal 25 to the project depth of the intracoastal waterway, it being the express intent of the second party to make use of the proposed deep-water bulkhead for docking and mooring of boats and vessels. The second party hereby agrees to give the first party ninety (90) days' notice and furnish construction details of work to be performed in order that the first party may deter- mine whether such construction or excavation will in any way interfere with the proper operation and maintenance of - its canal. 2, The exercise of the rights and privileges hereby contempi~ted shall be at the expense of and at the risk of the secand party which agrees to indemnif_y and save harmless the first party and any owner or owners on the north side of I said Canal 25 b reason of dama e to bulkhead or other property Y 9 rights reselting from any excavation performed by the second ~ ~ party. 3. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. t -2- 600x 2~+.7 FACf ~,09~ wci~~ ortir~N ~crrR~ea : ~~or~ CMARTERED P O BOZ 1270. fOItT PIERCE. FWRIDA 33450 - TELEPMONE (305) 464-A200 ~ - ti ~ . . _ . - ~:.w-- t - r~" ~ _ - - ~+~~~.-n.~: ~ ; .sr _ ~s_ . s ~ ..+s _ ~ _~=c.~. . ,