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20��46937 204412247 Plans and Specificadons referred co in such Dectaration shall �lso be zpproved by Fieart- iand prior to any award of contract by �ieartland. '`Sir�" shall mesn the re�l zstace atvned by Fanner Park :vhich is to be subjected to rhe terms and conditions oi the Declaration. "Trustee" shall mean a qualified entity having trust powzrs under applicable federal and state !aw desi�naterl as trustee under the Building Bond Indenture and any successor or successors as such trustee under the Indennue. 3. CUNDITIONS PRIOR TO COMMENCEl�1E�IT. Z'he parties agree that this :�greement shall bind che parties ugon approvai and execution as required by law but that neither party shall commence performance of its respective duries and responsibiiities with respect to the construction uf the Project, the issuance of the Building Bonds and the payment of lease rencals by the City under this A�reement until aIl of the following condirians have been satisfied: a. Heartland shall obtain commitments for all costs of the Project from Other Fund- ing Sources in excess of the 3rnount determined by addin� �7,SOQ,000.00 (the net amount co be deposited to the Construcrion Fund) to the investment earnings on aznounts in the Consrruction Fund applied to pay costs of the Projeet under Para graph IZ. below . b. The Board uf Directars of Heartland must approve and adopt a resalution in accordanee with Heartland's Articles of Incorporatian and Bylaws and applieable to federal and staie sratutes, describing the scope of the Prvject, the estimat� costs of the Praject and confrming that funds and financing are available to Heartland ro pay for: 1. The coscs of consnuction and acquisirion of the Project. Z. The costs of any equipmeat to be provided 6y Heartland as contemplated by the management contract with Heartland. The casts 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 agceement with Heartland. Estimates for aU costs of the Project and any aad all such related equipment and im- provements shalI be set forth in such resoiution. Such resotution of the Board of Directors of Heartland must be agproved by Fonner Park. c. Heartland shall provide a copy of th� Plarts and Specifications to rhe Ciry. d. Heartland must cae�se Fonner Park �o zxecute and �ieliver a Declaxaaon in accor- dance with �eb. Rev. Stat.. �yti'?6-32� to 76-39�1, as amended, ur other re[ated in-