200412247 - Laserfiche WebLink

Browse

200442247 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. Stat., § §76 -825 to 76 -894, as amended, or other related in- strument which shall, among other things, specify the unit of real estate consti- tuting the Project based upon the Plans and Specifications and the rights and easements through common elements or otherwise for the benefit of such unit, in- cluding, but not limited to, the easement under Paragraph 4. below. e. Heartland shall provide a copy of the Declaration to the City. The Declaration shall be executed, delivered and recorded against the Site. f. The Board of Directors of Heartland shall reaffirm the covenants of Heartland made in this Agreement and notify the City of Heartland's intent to proceed by resolution duly approved and adopted and forwarded to the Mayor and City Council of the City. g. Heartland shall cause its Bylaws to be amended by Fonner Park to provide that the City shall have the power to remove for cause any member of the governing board of Heartland and appoint a successor consistent with the requirements of Rev. Proc. 82 -26. h. Heartland shall amend any existing agreements with any person or entity that does not comply with the requirements of Rev. Proc. 82 -26 so that such existing