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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($5,000,000); and (e) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. The Parties hereto understand and agree that Ground Lessee shall enter into a separate agreement with SNM related to SNM's operation and management of the Studebaker Museum. Ground Lessee hereby agrees that it shall require that SNM carry adequate levels of worker's compensation, property and casualty insurance insuring the Improvement against loss by fire or other casualty and comprehensive general liability insurance, and that the City of South Bend and Ground Lessor be named as additional named insured. Ground Lessee shall require that each insurance policy obtained by SNM pursuant to this provision shall be written by an insurance company or companies licensed to do business in Indiana and shall provide Ground Lessee and Ground Lessor with a certificate evidencing said coverage. Further, any certificate of insurance shall require that written notice of cancellation or material change in the corresponding policy shall be delivered to Ground Lessee and Ground Lessor at least forty -five (45) days in advance of the effective date of the cancellation or material change. Section 9. CONDITIONS OF GROUND LEASE. 9.1 Design. The Improvement shall be constructed consistent with the size, design and materials that have been disclosed and that are described in the plans and specifications of James E. Childs & Associates dated 9.2 Connection. The Ground Lessee shall construct or install and maintain doors in compliance with all building and fire codes at the point where the Improvement meets the existing Center for History so as to separate the Improvement from the Center for History. Such doors shall be capable of being closed and securely locked as deemed appropriate from time to time by SNM and Ground Lessor. 9.3 Operating Costs. Ground Lessee warrants the Improvement has been designed and will be constructed, along with the Studebaker Museum, in such a manner so that there is no increase in operating costs to Ground Lessor in or as a part of its existing facilities as a result of the products of any utility services being in any way diverted, drained, or increased in demand as a result of the Improvement being constructed and connected to the Center for History. 9.4 Repairs. All costs incurred in repairing, restoring and finishing any property of Ground Lessor, including but not limited to any damages of any kind to any of Ground Lessor's improvements and structures (floors, foundation, exterior and interior walls, ceiling, roof, utility equipment and services, landscaping, walkways and parking lots), as a result of any and all construction by Ground Lessee of the Improvement or the Studebaker Museum, the existence or operation of the Improvement or Studebaker Museum, shall be in quality and standard acceptable to Ground Lessor and consistent with the existing building and property design, quality and materials. -6-