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No. 1101 approving an agreement among the SBRA, SBRC and the St. Joseph County Airport Authority for the operation and management of Blackthorn Golf Course and authorizing the execution thereof
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No. 1101 approving an agreement among the SBRA, SBRC and the St. Joseph County Airport Authority for the operation and management of Blackthorn Golf Course and authorizing the execution thereof
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10/18/2012 2:55:23 PM
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10/25/2011 2:14:52 PM
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The covenants shall be enforceable against: <br />1. <br />2. <br />3. <br />4. <br />5. <br />or political <br />Redevelopment; <br />its successors and assigns; <br />the City of South Bend; <br />its successors and assigns; <br />any other necessary individual, corporation, entity <br />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 />beneficiaries of the covenants in this Section. The Deed shall state <br />that the covenants shall run with the Airport Land and in favor of <br />Airport, the County of St. Joseph, and their successors and assigns. <br />Specifically, the Deed shall contain the following provisions,: <br />Conditions Subsequent to Transfer; Possibility of <br />Reverter; Grantee's Covenants and Restrictions <br />Upon Use <br />a) This conveyance is made as long as the <br />premises are devoted only to use for the operation <br />of a public golf course, or other recreational use <br />as may be approved by the grantor or its <br />successors or assigns, in writing. <br />b) The grantee, and those whose title is derived <br />from the grantee, covenant that they shall: <br />1. Devote the premises only to use for the <br />operation of a public golf course, or other <br />recreational use as may be approved by the grantor <br />or its successors or assigns, in writing. <br />2. Unless otherwise approved by grantor in <br />writing, at no time use or suffer the use of any <br />or all of the premises for commercial, <br />residential, office, industrial, or other similar <br />use. <br />3. At no time construct, erect, or suffer, <br />any structure on the premises in excess of <br />feet in height. <br />c) The provisions of Indiana Code 34- 1 -52 -5 <br />IL shall be applicable to the premises hereby <br />conveyed to grantee herein and that grantee, its <br />successors and assigns shall not initiate or <br />support action in any court or before any <br />governmental agency if the purpose of the action <br />is to claim or allege that the public use airport <br />operations or any of the operations or any of the <br />operation's appurtenances are a private use or a <br />am <br />
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