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2 0 � 4 7 <br />l:pon paymenc in iull bv the Cicy of basic rents payabte under chis agreement, the City <br />shall acquire full tegal titte to the Project �nd Heartland shall zsecute and deliver to the City a <br />special warranty deed or such ocher instrument of conveyance as may then be required to convey <br />unencumbered fee title and zxclusive ownership, possession and use of che Project to rhe Ciry <br />without demand or tiircher action on the part of the City. Heartland a�ees th�t all tPases. man- <br />a�ement contraccs and other similar encumbranc.e.c �,n the Ps�j�t shall terminate t��n the Citv <br />comptetin� qayment of basic rents due und�r this asreement. ihe City reserves the nght to pre- <br />pay basic rentals due under chis a�eement at any time. For purposes of this :��eemenc basic <br />rents shal! be conctusively deemed to have been paici in full when all Building Bonds issued to <br />pay costs uf the Praject have been paid in fuli or under the terms af the Building Bond Indenture <br />are no lun�er outstandin�. <br />9. COVEN�YTS OF CITY. The Cicy covenants chat it is a city of the first class of <br />the Stace of �ebraska, organized under �ieb. Rev. S[at., Chapter 16, as amended, with iull and <br />lawful power and authoriry to enter into this agreement as a lease pursuant to Neb. Rev. Stat.. <br />� 19-3421 and that it has taken all actions necessary to la�vfully enter into this agreement. T'he <br />City covenanu that the lease rentals payable under this .�greement do not exceed any limitatioa <br />imposed by law. <br />The City covenants that throughout the term of this A�eement it will observe all taxa <br />cion, bu�i,et and spendin� limitations now or hereai"tez imposed by law. The Ciry covenants•and <br />agrees that it shall lew and colIect annually taxes, which may be either ad valorem taxes upon all <br />the taxab[e property in the Cit�r under Neb. Rev. Stat.. � 16-702 (as now or hereai�er amended or <br />any successor statutory provision ther�to} or sales and use taxes under �Teb. Rev. Stat. §§77- <br />?7,1�2 to 77-?7,148 (as now or hereafter amended or any successor statutory provisi�n thereto) <br />sut�icient in rate and amount ta pay the basic rents and all additional rent due hereunder. <br />Receipts from such taxes in each year sufficient to pay the basic rent due hereunder shall be <br />placed in a separate �ccount uf the City's �eneral fund or atherwise se�egated and applied to <br />make the payments of basic rent due hereunder. The City covenants to include each tiscal year <br />auring [he term of this A�eemenc in its annual budget appropriations sufficient to pay the <br />amounts due hereunder during each budget year on the understanding that such commitment is a <br />continuing contractual obligation of the City and not subject to discretian as to each such yeaz, <br />a11 in accordance with the authorization For contractuat cornmitments set forth in �ieb. Rev. Stat.. <br />� 19-?421. <br />I'he City covenants that it shall not take or omit any action that would have the effect of <br />causin� interest on the Buildin� Bonds issued by Heartland for the Pmject to be no longer <br />zxcludable from �oss income under the Code. <br />The City covenants that it will takz any action necessary to establish zxemption of the <br />Projecc from property taxes. <br />The City covenants chat it �vill, before the Buildin� Bonds are issued, adopt a resolution <br />statin; that it will accept ritle ta the Project whert the Building Bonds are dischar;ed consistent <br />with the requirements of Rev. Proc. 82-26. <br />1 l') <br />