No. 1230 approving the fair re-use value of property in the AEDA (1st Blackthorn Industrial Minor Subdivision)

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Bid Specifications and Design Considerations Sale of Land Owned by the South Bend Redevelopment Commission 1st Blackthorn Industrial Minor Subdivision 1. All building plans, landscaping plans, site plans and signage must be approved by the Department of Community & Economic Development's Design Review Coordinator. Such approval is based on Design Guidelines created for the Airport Economic Development Area. 2. Project must be started within one year of award; project must be completed within two years of award. 3. Parcel may be split and may be sold on a pro -rated basis. 4. This offering is made subject to the following deed restrictions to be placed, by deed, as restrictive covenants against the property: a) The Grantee, and those whose title is derived from the Grantee, covenant that they shall at no time construct, erect, or suffer, any structure on the Real Estate to penetrate any surface as defined in FAR Part 77. b) The provisions of Indiana Code 34- 1 -52 -5 shall be applicable to the Airport Land conveyed to Grantee, and Grantee, its successors and assigns shall not initiate or support action in any court or before any governmental agency if the purpose of the action is to claim or allege that the public use of the airport operations or any of the operation's appurtenances are a private use or a public nuisance: Provided, however, that this prohibition shall be effective only so long as the public use airport operations are operated in accordance with the rules of the Indiana Department of Transportation, Division of Aeronautics, or its successor, and the public use airport operations are not operated in a negligent manner. c) That Grantee, its successors and assigns shall not initiate or support action in any court or before any governmental agency if the purpose of the action is to interfere with, restrict, or reduce the operation of the Michiana Regional Transportation Center (Airport) or the use of the Michiana Regional Transportation Center (Airport) by any aircraft relating to the landing and taking off of aircraft generating high noise levels or other transportation operations at the Michiana Regional Transportation Center (Airport). d) That Grantee, its successors and assigns promise, covenant and warrant that they, their successors and assigns, will not hereinafter use or permit or suffer the use of the Real Estate in such a manner as to create electrical interference with radio or electronic navigational airport or aircraft aids so as to create any interference with radio communications between any installation or installation of any type of lights which would interfere with night aircraft operations or make it difficult for flyers to distinguish between airport lights, and others, or as to impair the visibility in the vicinity of the Michiana Regional Transportation Center (Airport) or as to otherwise endanger the landing, taking off or maneuvering of aircraft at the Michiana Regional Transportation Center (Airport). e) That Grantee, its successors and assigns promise, covenant and warrant that they, their successors and assigns, will limit development of the Real Estate to prohibit residential development thereon. f) That Grantee, its successors and assigns promise, covenant and warrant that they, their successors and assigns, will limit the development of the Real Estate to prohibit the placement or construction of any outdoor advertising sign, off - premise sign, or billboard sign thereon.