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2. Unless otherwise approved in writing by Airport, at <br />no time use or suffer the use of any or all of the Airport Land <br />be used for commercial, residential, office, industrial, or other <br />similar use. <br />3. At no time construct, erect, or suffer, any <br />structure on the Airport Land in excess of feet in height. <br />(b) In addition, Redevelopment agrees and the Deed shall <br />state that: <br />1. The provisions of Indiana Code 34- 1 -52 -5 shall be <br />applicable to the Airport Land conveyed to Redevelopment herein <br />and that Redevelopment, its successors and assigns shall not <br />initiate or support action in any court or before any <br />governmental agency if the purpose of the action is to claim or <br />allege that the public use airport operations or any of the <br />operations or any of the operation's appurtenances are a private <br />use or a public nuisance: Provided, however, that this <br />prohibition shall be effective only so long as the public use <br />airport operations is operated in accordance with the rules of <br />the Indiana Department of Transportation, Division of <br />Aeronautics, or its successor, and there is no significant change <br />in the hours of operation of the public use airport operation, <br />and the public use airport operations are not operated in a <br />negligent manner. <br />2. 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. <br />3. 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 />(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 />-5- <br />