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No. 1146 approving and accepting the transfer of real property from the St. Joseph County Airport Authority
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No. 1146 approving and accepting the transfer of real property from the St. Joseph County Airport Authority
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} <br />0 0 <br />3. That Redevelopment, its successors and assigns shall <br />not initiate or support action in any court or before any <br />governmental agency if the purpose of such operation is to <br />interfere with, restrict, or reduce the operation of the Michiana <br />Regional Airport or the use of the Michiana Regional Airport by <br />any aircraft as relating to the landing and takeoff of aircraft <br />generating high noise levels or other transportation operation at <br />the Michiana Regional Airport. <br />4. That Redevelopment, its successors and assigns promise, <br />covenant and warrant that they, their successors and assigns, <br />will not hereinafter use or permit or suffer the use of the <br />Airport Land in such a manner as to create electrical <br />interference with radio or electronic navigational airport or <br />aircraft aids so as to create any interference with radio <br />communication between any installation or installation of any <br />type of lights which would interfere with night aircraft <br />operations or make it difficult for flyers to distinguish between <br />airport lights, and others, or as to impair visibility in the <br />vicinity of the Michiana Regional Airport or as to otherwise <br />endanger the landing, taking off or maneuvering of aircraft at <br />the Michiana Regional Airport. <br />5. That Redevelopment, its successors and assigns promise, <br />covenant and warrant that they, their successors and assigns, <br />will limit development of that real estate bounded by the Indiana <br />Toll Road to the North, U.S. 31 Bypass to the West, Mayflower <br />Road to the East, and the northern boundary of the Michiana <br />Regional Airport to the South, to prohibit residential <br />development thereon. <br />(c) Enforceability of Covenants. Redevelopment and the <br />Airport agree that the covenants of this Section shall be binding for <br />the benefit of and shall be enforceable by: <br />1. The Airport; <br />2. the County of St. Joseph; <br />3. their successors and assigns. <br />The covenants shall be enforceable against: <br />1. Redevelopment; <br />2. its successors and assigns; <br />3. the City of South Bend; <br />4. its successors and assigns; <br />5. the Developer; <br />6. any other individual, corporation, entity or <br />political subdivision which subsequently acquires any interest <br />whatsoever in Airport Land by purchase or otherwise. <br />7. any other necessary individual, corporation, entity <br />or political subdivision. <br />(d) Beneficiaries of Covenants. Redevelopment and the <br />Airport agree that the Airport, the Board of County Commissioners of <br />St. Joseph County, and their successors and assigns shall be deemed <br />-7- <br />
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