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201106937 200412247 strument tivhich shall, amon; other thin;s, specify the unit �f reat zstate consri- curin� the Project based upon che Pians and Specific3cions and the ri;hts and easements thraugh common zlemencs or ochenvise for che beneiit of such unir, in- cluding, but not timi�ed to. the easement under Par��aph �. below. e. Heartiand shafl provide a copy of che Dectaration to the Ciry. The Declaration shall be executed, delivered and recorded against rhe Sice. t: I'h� Board uf Direcrors of Heartland shall reat'firm the covenants of Heartland made in this Agreement and notify rhe Ciry of Heartland's intent to pmceed by resolution duly approved and adopted and forwarded to the vlayor and City Council of the City. �. Heartland shall cause its Bytaws to be arr�ended by Fonner Park to provid� that the City shall have the power to remove far cause any member of the governing board uf Heartland and appoint a successor consistent with the requirements of Rev. Proc. 82-?b. h. Hearcland shall amend any existing agreements with any person ar enriry that does not comply with the requirements of Rev. Proc. 32-26 so that such existin� agreements comply with the requirements of Rev. Proc. 82-26 in cegazd to can- cetlation or other matters. i. Eieartland shall cake such actian as necessary to obtain a determination from the Intema[ Revenue Service or athenvise that this A�reement �oes not have any adverse effect on the exempt status of Heartland under Section Sp 1(c){3) of the Code or the exempt status of Fonner Park under Section 541(c)(4) of the Code. If Eieartland is unable to satisfy any of the foregoing condirions, Heartland shall have the optian to rescind chis :�greement and this r3greement shall be of no further force and effect. Condirions a. through i. must be sarisfied on or before 12:00 midnieht on the secand anniversary of the date on which this Agreement is executed and delivered, otherwise this �greement shali terminate and be of no further €arce and eff�ct. Heartland must also have the abiliry to issue Buildin� Bonds upon sarisfacrion of the fore�ain� conditions as contemplated by this �►greement pursuant to Section 103 af the Cade and in conformity with the rules and requiremenu of Rev. Proc. 82-26 under terms and conditions sufficient to provide net proceeds available for deposit to the Construcrion Fund in the amount of S7,500,00.04 after reduction for any deposit required to be made co the Debt Service Reserve Fund and for payment of issuance espenses reiated to the Building Bonds. If Heartland is unable to satisfy such condicion, Heartland shati Etave the uption to rescind this :��eement and this .�greement shall be of no further force and effect. �. DESIGY OF PROJECT. The Project shal! be initially known as The Hearcland Events Center (but may be renamed by Heartland; it being the intent uf the City and Heartlaad chat the Project may be rena�aed, if permitteci under the provisians ot Rev. Proc. 32-26, in con- �