Approving an Interlocal Agreement btw. City of South Bend & St. Joseph County Airport Authority

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C. Give, grant convey and warrant to Airport Authority the right at any time and from time to time to enter upon said parcel and, on the decision of the Airport Authority, trim or cut down and remove any tree or other natural object which extends above the 50: 1 Surface and the 7:1 Transitional Surface, reserving, however, unto the South Bend and its successors in possession any usable or marketable timber. Where trees are trimmed rather than removed, the Airport Authority shall be permitted to trim such trees to 5' below the 50: 1 Surface or the 7:1 Transitional Surface elevation. d. Promise, covenant and warrant that Grantees, their personal representatives, successors and assigns, shall not hereafter use or permit or suffer the use of the above described 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 communication between any installation upon said airport and aircraft and shall not permit or suffer the use 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 visibility in the vicinity of the airport or as to otherwise endanger the landing, taking off or maneuvering of aircraft at South Bend Regional Airport. e. Covenant that nothing herein contained shall limit or restrict said Airport Authority in the future exercise of the powers presently or hereafter granted to the Airport Authority by the Indiana Airport Act of 1945 and any amendment thereto and any other legislation pertaining to airports and transportation by air. f. Covenant and warrant that the provisions hereof shall run with the land and be obligatory upon their successors in title and possession and upon their personal representatives and shall inure to the benefit of Airport Authority and its successors in interest as proprietors and operators of said airport and shall continue in full force and effect until such time, if ever, as said South Bend Regional Airport is permanently closed and abandoned as an airport and for an additional period of thirty (30) days after the permanent closing thereof As a further consideration heretofore and by the accepting and recording of this Interlocal Agreement, said Airport Authority, for itself and its successors, promises (1) to give the occupant of said real estate at least two (2) hours verbal notice of its intention to enter thereon for the purpose of exercising the rights granted in paragraphs Second and Third above, which notice shall describe the object to be cut down or removed; (2) to enter upon such real estate at such place and to use such reasonable route thereon as the occupant verbally prescribe within the two hour verbal notice period; (3) to avoid unnecessary damage to man-made structures, crops and natural objects which do not extend above and which are not likely in the immediate future to extend above such respective prohibited elevations and (4) to dispose of the brush and other end results of cutting and removal in such manner as to leave the land surface reasonably clear of debris created by such removal. g. South Bend shall create, or cause to be created, a visual barrier consisting of closely- spaced evergreen or arbor vitae trees along and on the airport side and within ten (10) feet of the property line along the appropriate side of the leased parcel. This 5