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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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2. Term of Maintenance Obligation. Owner's Maintenance Obligation shall cease to <br />be an obligation of Owner on the Ground Lease Expiration Date. As used herein, the "Ground <br />Lease Expiration Date" means the expiration or earlier termination of Owner's leasehold <br />interest in Lots 1, 2, 3, 4, 9 and 10 of that certain Eddy Street Commons Section If minor <br />subdivision plat recorded on March 1, 2018 as Instrument No. 1804819 in the office of the <br />Recorder of St. Joseph County, Indiana, pursuant to, as applicable, that certain ESC-II <br />Commercial Ground Lease dated August 14, 2017 (as amended from time to time) by and <br />between Owner, as lessee, and UNIVERSITY OF NOTRE DAME DU LAC, an Indiana <br />nonprofit corporation ("University"), as lessor; and/or that certain GSH Ground Lease dated <br />August 14, 2017 (as amended from time to time) by and between Owner, as lessee, and <br />University, as lessor. <br />3. Miscellaneous. City and Owner desire to record this Memorandum for the <br />purpose of placing the public on notice of the Owner's Maintenance Obligation and City's <br />granting to Owner of such rights as may be necessary or convenient for Owner's performance <br />thereof pursuant to the terms and provisions of the Agreement. Nothing contained in this <br />Memorandum is intended to or does modify or expand in any way any of the terms or provisions <br />of the Agreement, and the Agreement shall determine and govern the rights and duties of City <br />and Owner in all respects. <br />4. Counterparts. This Memorandum may be executed by the parties on separate. <br />counterparts, each of which shall to be deemed an original, but all of which, taken together, shall <br />constitute one and the same instrument. <br />[Remainder of page intentionally blank.] <br />
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