02-26-2015 - Amend. to docking easement

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c. Under no circumstances may Grantees' dockage materials be stored on the Khan Property's portion of the Easement Area. d Grantees' dockage materials must be neatly stacked within the Easement Area. e. The height of the Grantees' dockage materials when stacked/stored on the Easement Area may not exceed 4 feet at any point, with the exception that the canopy supports may be leaned upon the stacked dockage material in the Easement Area on the Kelly Property's side of the Easement Area and on the south side of the stacked dockage material. 7. Maintenance. Grantees shall maintain at their sole expense the footpath and any other improvements that they make on the Easement Area. Grantees shall not remove any trees from the Easement Area without the prior written approval of Grantors, which approval shall not be unreasonably withheld when necessary. Grantees may not improve or use the Easement Area in a manner that would channel and divert water ran-of away from the Easement Area and onto other portions of Grantors' Properties. Notwithstanding the above, Grantors acknowledge that absent any effort by Grantees to channel and divert water run-off away from the Easement Area, some water nun-off will naturally flow off of the Easement Area onto other portions of Grantors' Properties, and that this does not constitute a violation of the Easement. Grantors have no obligation to maintain any improvements made by Grantees on the Easement Area. 8. Waiver of LMCD Ordinance Set Back Requirements. To the extent necessary to give effect to this Easement,and to the extent it is permitted,Grantors will orally waive,or waive in writing if required by any regulations, laws, or applicable ordinances, any applicable setback requirements set forth in the LMCD Ordinance. 9. Consent to Single Gangway from Shoreline. In accordance with the parties' intention and agreement as reflected in Exhibits B-1 and B-2.Grantors will consent to, and to the extent necessary apply for, a permit or license from LMCD that will allow a single main dock or gangway to be installed in the water from the shoreline for the purposes of Grantees' dock structure, and Grantors will not revoke such consent. As noted above, the costs of any such permit or license application will be borne by Grantees. 10. Quiet Enioyment. Each of Grantees' use of the Easement must be in a manner that does not unreasonably interfere with Grantors' use and quiet enjoyment of Grantors' Properties. To the extent any government office or agency asserts any claims or imposes any restrictions or directives respecting any use of the Easement or Dockage Area,it shall be the obligation of the Grantees to address and conform to such claims,restrictions and/or directives,and Grantees shall hold Grantors harmless as to same. Grantors shall take all actions reasonably necessary to fulfill the intent of the parties' Easement, as reflected in Exhibits A-I and A-2 and B-I and B-2,or any mutually agreed modifications to Exhibits A-1 akd A-2 and B-1 and B-2. 11. No Conveyance without Grantors' Annroval. No Grantee may sell, convey,transfer or assign the Easement granted herein without the prior written approval of Grantors,unless such sale, conveyance, transfer or assignment occurs as a result of the conveyance of the respective Grantee's Property,as referenced herein. 5