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201106937 <br />20041�247 <br />nection with a�ant a;reement or agreements for 1 charicable contributions or concributions tor <br />the Project en[ered into by Heartland�. Heartiand shall provide for the plarutin� arid desi� oi the <br />Projeet a.nd shall contracc for thz cons�ction uf the Project. Hearttand shall be responsible for <br />administration and uv�rsiaht of zngineers, archireccs and contractors ar�d perfarrnanee of rheir <br />respective contracts re[acing to the Project. <br />HeartIand, in che Declaration ur by another related instrument executed by Heartland ur <br />any other appropriace party, shatl provide or shall cause to be provided ro the Cit}r a permanent <br />easement to use aa atea wtthin the existin; facilities of Fonner Park to serve as the entrance and <br />[obby for the Frajecc. Such easement shal! also provide for parking ri;hts for che �eneral public <br />for events at the Projeci for parking withour char;e or at char;es to be a�eed to bv the City and <br />I-�eartland from time ro time; provided, however, such pazking for events at the Praject shall be <br />subjecr to reasonable restrictions uf Fonner Pnrk to accommodate patrons of Fonner Park �iuring <br />the race meet or other similar activities of Fonner Park involving a large number of patrons. The <br />permanent zasement shall represent an interest in real estate that shall run with the title to the <br />Project. <br />5. PaYI�IENTS BY CITY. The Ciry shall pay to Heartland or to the Trustee upon <br />assi�unent pursuant to the Building Bond Indenture the foilowing amounts pursuant to this <br />.��reemenc: <br />a. Basic rent in an amount sut�'icient to pay as ths same fal! due principal and inter- <br />est on che Buiiding Bonds. The amo�.ints of ths insta.11ments and the schedule of <br />payments shall be specifed in a supplement to this Agreement delivered by <br />Heartland to tlze City at the time of issuance of the Building Bonds and the exe- <br />cation and delivery by Heartland of the Building Bond Indenture. The Building <br />Bonds shall be issued in an aznount sufficient to pmvide net proceeds <br />available for deposit to the Construction Fund in the amount of 57,500,000.00. In <br />such connection the City and Heartland 6oth recognize that the Building Bands <br />will be required to be issued for additional amounts in excess of 57,�00,000.00 in <br />order to pravide for any deposit required to be made to the Debt Service Reserve <br />Fund and for payment o� issuance expenses related to the Building Bonds. All <br />basic rents payable by the City shall be payable solely &om �eneral taxes <br />(includin� ad valorem tax and sales tax) and not from any other fund or resource <br />of the City. <br />b. Additional rent to be vaid as incurred consisrinQ af the faltQwing: <br />Fees and exnenses of the Truscee annuattv as statements are rendered by <br />�he Trustee co che Cccy. <br />?. �nv exvenses iacurred in makin2 anv audit of Heartland repuested by the <br />L;itv, the "trustee or any other person ar entity �vith nghts to request any <br />such audit under the terms ofthe Building Sond Indenture. <br />