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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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10/18/2012 1:47:55 PM
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205 W. Jefferson Blvd., Suite 600 <br />South Bend, IN 46601 <br />If to Ground Lessee: South Bend Redevelopment Commission <br />1200 County -City Building <br />South Bend, IN 46601 <br />with copy to: City Attorney <br />City of South Bend, Dept. of Law <br />1400 County -City Building <br />South Bend, IN 46601 <br />or such other address or party as the party to be served may direct in by written notice to the <br />other party. If such notice is sent or delivery is made by certified mail, such notice or delivery <br />shall be deemed served, made and effective three (3) business days after posting. <br />23.4 Entire Agreement. It is mutually acknowledged and agreed by the parties hereto <br />that this Ground Lease contains the entire agreement between Ground Lessor and Ground Lessee <br />with respect to the subject matter of this Ground Lease; that there are no verbal agreements, <br />representations, warranties or other understandings affecting the same; that Ground Lessee, as a <br />material part of the consideration hereof, hereby waives all claims against Ground Lessor for <br />rescission, damages or any other form of relief by reason of any alleged covenants, warranty, <br />representation, agreement or understanding not contained in this Ground Lease; and that any <br />change, modification, release, discharge or wavier of any provision contained herein shall be of <br />no force, effect, or value, unless set forth in writing and signed by the party to be bound. <br />23.5 Relationship of the Parties. Nothing herein contained shall be deemed to create a <br />partnership or joint venture, nor shall the relationship between the parties be construed as <br />principal and agent, or other than Ground Lessor and Ground Lessee. <br />23.6 Captions. The captions of this Ground Lease are inserted solely for convenience <br />of reference, and under no circumstances shall they be treated or construed as part of, or as <br />affecting, this Ground Lease. <br />23.7 Holidays Excluded. For purposes of computing any period of a number of days <br />hereunder for notices or performance (but not for accrual of interest), Saturdays, Sundays and <br />holidays shall be excluded. <br />23.8 Severability. Any provision of this instrument in violation of the laws of the State <br />of Indiana shall be ineffective to the extent of such violation, without invalidating the remaining <br />provisions of this instrument. In no event shall the Ground Lessee or its assigns have any cause <br />of action against the officers or employees of Ground Lessor, or against any elected official of <br />Ground Lessor based upon or materially related to any finding by any court that any or all <br />provisions of this instrument violate Indiana law. <br />-12- <br />
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