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(ii) in the Cypress Area any bor--row. areas -
- excavated during the~eonstructian of the trans- _ .
mission lines which are the subject of-the - -
Development Order~~i.Il be designed so as to
permit deep water refugia (minimum of five- - -
feet-in depth in the center) and create shallow - .
littoral zones (less than two feet in-depth) {
for at -least 50'~ of the borrow- area, -
(D) The Council shall not appeal or otherwise oppose
the Development Order as it relates to-the Property.
(E) Rebus covenants:(i) that it shall maintain the-
berm constructed pursuant to paragraph B(i) above in good
condition, (ii) that should any breach in any dike as made
I~ Eby Rebus pursuant to paragraph B(ii) above become thereafter
f -
obstructed to-the extent that surface water is-unable to -
--flow into the Cypress Area, Rebus shall remove such obstruc- -
tion, and (iii). that should any culvert obstructed by Rebus
pursuant to paragraph B(iii) above become unobstructed such -
I~ that water begins to drain from the Cypress Area through
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~ such culvert, Rebus shall thereafter obstruct the culvert.. _
(F) Rebus represents that it is the record. owner of
the Property and the Property is not encumbered by any lien
- or mortgage as of the date of this Agreement.
(G) The obligations of Rebus and FPbd. hereunder shall
- be several and not joint. -
(H) The intent of Rebus is that its obligations as set
forth in paragraphs (B) and (P~ above shall run with-the
, Cypress-Area and in the event that any such obligation shall