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20�10693� <br />20441�24� <br />Fund he[d bv �he Trustee. �vhich fund shall contain the proceeds rrom che sale of Building Bonds <br />issued by He�rtland and interest un such funds while invested in rhe Constructian Eund, and <br />from Other Funding Sources. T'he City shatI make any payments to suppliers and cantractors, in <br />excess of such funds in the Construction Fund and Other Funding Sources, as additional rent. <br />Heartland shali cake bids in �he discretion af Heartland for acquisition uf such additions, <br />improvements and fixtures as shall be specified to be subject to this :�greement at the rime of the <br />issuance of the BuiIding Bonds and whieh are not iacluded ia the construction contracts af the <br />Project. Heartiand shall administer artd provide for acquisidon of such addirions, improvements <br />and tixtures in accordance with che cerms of said concracts. Heartland sha11 make pa}+menc for <br />costs of such acquisitions trom the funds of the Construction Fund held by the Trustee as stated <br />above and from Other Fundin� Saurces. The Gity shall make any payments to suppliers and <br />contractars in excess of such funds of the Construcrion Fund and Other Fundin� Saurces as ad- <br />ditional rent. <br />The award of any conrracu under this A�eement for the planning, desi�n, consttucrion <br />and acquisition the Project shall be the responsibility af Hear[land and shall not be subject to any <br />public biddin� requiremenu of the City. <br />Heartland shall enter into contracts for the acquisirion of equipment or the planning, de- <br />sign and constructian of work for units under che Declararion other than the unit constituting the <br />Project as contemplated by the mana;ement cantract. <br />Heartland may enter nnto any agreement or ageemenu with Fonner Park for purchases <br />by Fonner Park under such contracts within the meaniug of Neb. Rev. Stat. y77-?'704.20. <br />Any dispute with any contractor or supplier concerning the Project or interpretation of <br />contracts related to the Project shall be adjnsted and settled by Heartland. Any additional pay- <br />ment relat�d to the Project resultiag &om the resolution of a dispute with a conoractor or supplier <br />ar res�lting from any judgaent, claim or liability related the Project in excess of funds in the <br />constructioa fund and from Other Funding Sources shall be paid by the City as additional reat. <br />The City shali take possession of the Project upon issuauce af certificate of substantial <br />completion by the projeci architect and inspecrion and acceptance by the City or its desi�ated <br />representative; provided, there aze no unresolved disputes with any concractor or supplier <br />conceming the Project. <br />7. PROJECT V[aN�GE1�tEriT BY HEARTL�YD. Upon issuance of the certifi- <br />cate of substantial completion by the project azchitect in accordance with tius �greement and the <br />City taking possession of the Project, the City and Heart[and shalI enter into a management con- <br />tract under �vhich Heartland �hall have ri�hts, duties and tiabiiities as fotlaws: <br />a. To provide the Project �vith such equipment, supplies and orher ;oods necessary <br />and prucient for the zffcciznt and zffective operation of the Project as a public <br />multi-purpose agricuttural exposition and ev�ats center at Heartland's expense, <br />which property shatl reinain the sole and separate property of Heartland. <br />