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6. The gra;~tee, his heirs and assigns, at his sole expense, ~
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shall main~ain tliat portion o~ the channel situat~ on tlie property '
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described above, to ir.clude but not be lz_--~ited to Lhe channe~ hed,
~ watei•way and bulkheads, in ~ state of good mainteriance and xepair, ~
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in accordance with the accepced prac~ices, specif~cations and re-
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~ quirements of the United States Army Corps of Engin~ers and other ~
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- fedPral, state or local authori~ies having ~ urisdiction over said ~
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channel. The ch?nnel shall be maintained to maximum depth of 12' }
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-(or such lesser maximum depth as is authorized by the appropriate~ '
state and federal authorities), as more particularly described in
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the ciiannel cross section attached here~to as Exhibit A, ;
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_ - 7. Should the grantee, his heirs or assigns, fail, neglect, ;
or refuse to-fulfill or perform any of the maintenance obligations. . -t
- as set~forth in Paragraphs S and 5 above, the grantor reserves for ~
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itself, its successors or assigns, the~right to enter on said pro~ierty. - t-
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and.perform i:he required maintenance. The cost of said ~naintenance ~
~ shall constitute a lien oii the~r~aZ property conveyed herein by the
grantor t~ the grantee, which lien may he foreclosed by the grantar
as in the the case of any lien foreclosure. Grantor's right of -
entrv to perform maintenance shall neither oli,gate it to perform s.aid
maintenance nor shall it prevent the grantor from suing at la~,r or in ~ ~
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equity to enforce-the covenants herein contained. - ?
~ _ 8. Grantee agrees to comply i,~ith alI applicahle zaning, Zand '
use, water use, air and water pallution.laws, ordinances ~r regula- _
tions-of any governme;~tal body or agency having jurisdicition over
_ said property.
- _ 9. Grantee shall main~ain all vessels, moored,.docked or
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stored on the property iri a cle~n, sightly and shipshape manner. No ~ ~
vessels or equipment shall Ue permitted to obstruct tiie channel or ~
- na~rigation therein, except for 3ockage. - ~
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10. V~ssels, vehic~es, equipment, and r~iaterials may be stored t
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- on the prope~ty in tne oper, provided suc:h s~orage is maintained €
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in a prc~per and neat manner or such sto~a~e is fenced from view.
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- 11. Should the grantor, its successors or assigns, employ .
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~ counsel to successfully enforce any of the fore~oing covenants, ;
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_ 3 BODX~.J+y PACE 4~~ ~
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