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Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group
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Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group
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4/9/2025 10:56:56 AM
Creation date
11/12/2020 11:32:58 AM
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Board of Public Works
Document Type
Permit Applications
Document Date
11/10/2020
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City hereby grants to Owner a non-exclusive right to enter in, on, over, under and across the R.O.W. <br />and such other land owned by City as reasonably necessary or convenient for the purposes of performing <br />Owner's Maintenance Obligation until such time as Owner is released fi-om Owner's Maintenance <br />Obligation. <br />This Section 12 shall survive the expiration of the other terms of this Agreement pursuant to Section <br />6 until the Ground Lease Expiration Date. As used herein, the "Ground Lease Expiration Date" means the <br />expiration or earlier termination of Owner's leasehold interest in Lots 1, 2, 3, 4, 9 and 10 of that certain <br />Eddy Street Cormmons Section II minor subdivision plat recorded on March 1, 2018 as Instrument No. <br />1804819 in the office of the Recorder of St. Joseph County, hidiana, pursuant to, as applicable, that certain <br />ESC-II Commercial Ground Lease dated August 14, 2017 (as amended from time to time) by and between <br />Owner, as lessee, and University, as lessor; and/or that certain GSH Ground Lease dated August 14, 2017 <br />(as amended from time to time) by and between Owner, as lessee, and University, as lessor. <br />13. Severability <br />Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be <br />effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or <br />invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or <br />invalidity, without invalidating the remainder of such provision or the remaining provisions of this <br />Agreement. <br />14. Entire Agreement <br />This Agreement sets forth the entire agreement and understanding between the Owner and the City <br />as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and <br />understanding of any and every nature between the Parties. <br />15. Recording <br />Neither Owner nor City shall cause or permit recording of this Agreement. However, <br />simultaneously with the execution of this Agreement, the parties hereto shall execute and deliver to each <br />
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