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200412247
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Last modified
10/17/2011 12:26:38 AM
Creation date
10/21/2005 6:47:15 AM
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DEEDS
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200412247
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20041`247 <br />nection with a grant agreement or agreements for a charitable contributions or contributions for <br />the Project entered into by Heartland). Heartland shall provide for the planning and design of the <br />Project and shall contract for the construction of the Project. Heartland shall be responsible for <br />administration and oversight of engineers, architects and contractors and performance of their <br />respective contracts relating to the Project. <br />Heartland, in the Declaration or by another related instrument executed by Heartland or <br />any other appropriate party, shall provide or shall cause to be provided to the City a permanent <br />easement to use an area within the existing facilities of Fonner Park to serve as the entrance and <br />lobby for the Project. Such easement shall also provide for parking rights for the general public <br />for events at the Project for parking without charge or at charges to be agreed to by the City and <br />Heartland from time to time; provided, however, such parking for events at the Project shall be <br />subject to reasonable restrictions of Fonner Park to accommodate patrons of Former Park during <br />the race meet or other similar activities of Fonner Park involving a large number of patrons. The <br />permanent easement shall represent an interest in real estate that shall run with the title to the <br />Project. <br />5. PAYMENTS BY CITY. The City shall pay to Heartland or to the Trustee upon <br />assignment pursuant to the Building Bond Indenture the following amounts pursuant to this <br />.-\greement: <br />a. Basic rent in an amount sufficient to pay as the same fall due principal and inter- <br />est on the Building Bonds. The amounts of the installments and the schedule of <br />payments shall be specified in a supplement to this Agreement delivered by <br />Heartland to the City at the time of issuance of the Building Bonds and the exe- <br />cution and delivery by Heartland of the Building Bond Indenture. The Building <br />Bonds shall be issued in an amount sufficient to provide net proceeds <br />available for deposit to the Construction Fund in the amount of S7,500,000.00. In <br />such connection the City and Heartland both recognize that the Building Bonds <br />will be required to be issued for additional amounts in excess of S7,500,000.00 in <br />order to provide for any deposit required to be made to the Debt Service Reserve <br />Fund and for payment of issuance expenses related to the Building Bonds. All <br />basic rents payable by the City shall be payable solely from general taxes <br />(including ad valorem tax and sales tax) and not from any other fund or resource <br />of the City. <br />b. Additional rent to be paid as incurred consistine of the following: <br />Pees and "senses of the Trustee annually as statements are rendered by <br />the Trustee to the City. <br />?. Any expenses incurred in makine any audit of Heartland requested by the <br />City, the Trustee or any other person or entity with rights to request any <br />such audit under the terms of the Building Bond Indenture. <br />5 <br />
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