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No. 2065 approving acquisition of real property to facilitate the studebaker national museum relocation project and approving the execution of a ground lease and other related documents associated with studebaker museum relocation project (SBCDA)
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No. 2065 approving acquisition of real property to facilitate the studebaker national museum relocation project and approving the execution of a ground lease and other related documents associated with studebaker museum relocation project (SBCDA)
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C� <br />Section 19. WASTE. Ground Lessee shall not do, cause, allow or suffer to exist any <br />waste or disfigurement to the Ground Lease Premises, the Improvement, or the NIHS Property, <br />or any part thereof or to any improvements erected on the NIHS Property. <br />Section 20. NON - MERGER OF LEASEHOLD. There shall be no merger of this <br />Ground Lease or of the leasehold estate hereby created with the fee estate in the property <br />described in Exhibit A attached hereto or any part thereof by reason of the fact that the same <br />person may acquire or hold, directly or indirectly, this Ground Lease or leasehold estate hereby <br />created or any interest in this Ground Lease or in such leasehold estate and the fee estate in the <br />property described in Exhibit A attached hereto or any interest in such fee estate. <br />Section 21. RECORDING OF LEASE. This Ground Lease shall be recorded in the <br />office of the Recorder of St. Joseph County, Indiana. <br />Section 22. ESTOPPEL CERTIFICATES. Ground Lessee, at any time and from time <br />to time, upon not less than ten (10) days prior written notice from Ground Lessor, will execute, <br />acknowledge and deliver to Ground Lessor, or to whomsoever it may direct, a certificate of <br />Ground Lessee certifying that this Ground Lease is unmodified (of, if there have been any <br />modifications, identifying the same); that this Ground Lease is in full force and effect, if it is; <br />that there is no default hereunder (or, if so, specifying the default); and such other statements <br />regarding this Ground Lease as Ground Lessee may reasonably request. It is intended that any <br />such certificate may be relied upon by the Ground Lessee or any purchaser from, or assignee or <br />transferee of the Ground Lessor. <br />Section 23. MISCELLANEOUS. <br />23.1 Laws of Indiana Govern. This Ground Lease shall be governed by, and be <br />construed in accordance with, the laws of the State of Indiana. <br />23.2 Force Majeure. Except as otherwise expressly provided herein, neither party shall <br />be responsible for any delay in their respective performance called for under this Ground Lease <br />which is caused by acts of God, war, national emergency, labor strike, shortages of material, nor <br />governmental regulations or control not in effect at the time of execution hereof. <br />23.3 Notice and Delivery. Any notice required to be given hereunder, or any items <br />required or desired to be delivered hereunder, may be served or delivered personally or by <br />certified mail, return receipt requested, postage prepaid, addressed as follows: <br />If to Ground Lessor: President <br />Northern Indiana Historical Society, Inc. <br />800 W. Washington Street <br />South Bend; IN 46601 <br />with copy to: Andrew W. Nickle, Attorney <br />Nickle & Piasecki <br />-11- <br />
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