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200412247 Plans and Specifications referred to in such Declaration shall also be approved by Heart- land prior to any award of contract by Heartland. "Site" shall mean the real estate owned by Fonner Park which is to be subjected to the terms and conditions of the Declaration. "Trustee" shall mean a qualified entity having trust powers under applicable federal and state law designated as trustee under the Building Bond Indenture and any successor or successors as such trustee under the Indenture. 3. CONDITIONS PRIOR TO COMMENCEMENT. The parties agree that this Agreement shall bind the parties upon approval and execution as required by law but that neither party shall commence performance of its respective duties and responsibilities with respect to the construction of the Project, the issuance of the Building Bonds and the payment of lease rentals by the City under this Agreement until all of the following conditions have been satisfied: a. Heartland shall obtain commitments for all costs of the Project from Other Fund- ing Sources in excess of the amount determined by adding 57,500,000.00 (the net amount to be deposited to the Construction Fund) to the investment earnings on amounts in the Construction Fund applied to pay costs of the Project under Para - graph 12. below . b. The Board of Directors of Heartland must approve and adopt a resolution in accordance with Heartland's Articles of Incorporation and Bylaws and applicable to federal and state statutes, describing the scope of the Project, the estimated costs of the Project and confirming that funds and financing are available to Heartland to pay for: 1. The costs of construction and acquisition of the Project. 2. The costs of any equipment to be provided by Heartland as contemplated by the management contract with Heartland. 3. The costs related to any other portions of the Site described in the Declara- tion and the Plans and Specifications which is to be improved or con- structed in connection with the construction of the Project as contemplated by the management agreement with Heartland. Estimates for all costs of the Project and any and all such related equipment and im- provements shall be set forth in such resolution. Such resolution of the Board of Directors of Heartland must be approved by Fonner Park. C. Heartland shall provide a copy of the Plans and Specifications to the City. d. Heartland must cause Fonner Park to execute and deliver a Declaration in accor- dance with Neb. Rev. Star., 3 §76 -825 to 76 -894, as amended, or other related in-