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20041224'7 other similar activities of Fonner Park involving a large number of patrons, all as provided for in the Parking Rights and Access Agreement. The permanent contractual right or easement as provided for in the Parking Rights and Access Agreement is not being paid for or financed with the proceeds of the Building Bonds and shall not constitute a part of the Project but shall constitute an interest in real estate that shall run with the title to the Project and for the benefit of the Proj ect. Section V. Construction and Acquisition of Project by Heartland. The City hereby approves Heartland's entering into the Construction Contract and hereby further approves the Plans and Specifications, the Payment Bond and the Performance Bond being provided by the Contractor. Paragraph 6. of the Lease Purchase Agreement is hereby amended to read as follows: 6. CONSTRUCTION AND ACQUISITION OF PROJECT BY HEARTLAND. Heartland agrees to provide for the planning, design, construction and acquisition of the Project. The Project shall be constructed in accordance with the Plans and Specifications and the Construction Contract. Heartland shall supervise construction of the Project on behalf of the City. Heartland shall make payment for costs of the Project from the funds in the Construction Fund held by the Trustee, which fund shall contain only the proceeds from the sale of the Building Bonds issued by Heartland, investment earnings on such funds while invested in the Construction Fund, funds from Other Funding Sources as deposited by Heartland and investment earnings on such funds from Other Funding Sources. On or before the issuance of the Building Bonds, Heartland shall have deposited from Other Funding Sources into the Construction Fund not less than $12,956,100, which amount may be in the form of contributed cash, credit for payments made against the Guaranteed Maximum Price or amounts drawable under a letter of credit satisfactory to the City. It is the intent and understanding of Heartland and the City that the deposit of the net principal proceeds of the Building Bonds, the deposit by Heartland from Other Funding Sources and investment earnings estimated at $43,900 will be sufficient to pay in full costs of construction of the Project. If for any reason such amounts shall not be sufficient to pay the costs of the Project as described in the terms of the Construction Contract, the City shall make any required payments to suppliers and contractors in excess of such funds in the Construction Fund, as additional rent. No change orders to the Construction Contract shall be made without approval of the City if the effect of such change order is to increase the Guaranteed Maximum Price. The amount drawable under any letter of credit may be reduced by Heartland, after the issuance of the Building Bonds, upon compliance with the conditions set forth in Section 6.01 of Article VI of the Indenture. Heartland, acting pursuant to the Management Contract, shall take bids in the discretion of Heartland for acquisition of such equipment or other property as 7