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201106937
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Last modified
10/9/2011 10:52:19 PM
Creation date
9/20/2011 8:40:44 AM
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DEEDS
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201106937
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2o��os93� <br />2 004i�247 <br />sny way. The net award or paymenc for such caking shall be paid �o the City and neither <br />Heartland nor che Trustee shali have any claim co such award or payment. The proceeds of any <br />such ativard shall be appiied by the Cicy ro the construction of a replacement taciIity comparable <br />to the Projec� <br />'_8. GOVER.N�vCE OF EIE�RTL.�YD. During the term of this :�,reement and <br />any management caatract between the City and Heartiand for r.he Project. Heartland shall be <br />governed bv a Board of Director:� �ansisrin� of not Iess than five persons, ane of whom is to be <br />n�mcnaced bv the :vtayor ot the C:ity anci a!i or which shalI be subteet �o annual approval by the <br />vtavor :ind Cicy C�unci� and removai for cause. Pnor to ti�e issuance oF the Building Bonds, ttie <br />City shall apgrove Heartland as then exist�n� consistent with the requizements of Rev. Proc. 32- <br />�6 and the :articles of incorporation and Bylaws of Heartland may not thereafter be �nended <br />without the consent �f the City so lon� as any of the Building Bonds cemain autstanding pm- <br />videci that no such amendment shall be made w'ch �vould have the effect c�f causing the interest <br />on the Building Bonds to be includabl� in �oss income under the C�de, <br />?9. DEFAULT PROVISIONS. .�1ny default in the due and punctual payment of <br />basic rent by the City shatl be enforceable against the City only by direct proceedin;s against the <br />City by the Tnzstec for rhe collecrion af the same and without any right of acceleration of pay- <br />ments of basic rent. Any orher default in per#ormance by the City shall be enforceable by <br />Heartland anly by proceedings for injuncrion or other equitable relief and so long as the Building <br />Bonds remain ouutanding, it being understood and acknawledaed that such limitations aze <br />entered into for the benefit of the registered. owners of the Building Bonds and to induce the pur- <br />chase of the Buildiag Bonds. <br />30. YONR,ENEWAI. QR E`CTENSION. The parties agree that upon payment irr <br />full by the City of atl basic rent, tzansfer of title of the Project firom Heartland ta the City shall be <br />made by Heartland to tlze Ciry and thereupon this Ag�reement shatl ternunate. <br />3I. TERM OF �+iGREEVIEYT. The term of this :�greement shall be deemed to <br />commence ugon apgroval and execurion by the City and Heartland and shall end at such tirne <br />the Building Bonds are no lon�er outstanding and thereupon transfer of title to the Project by <br />Heartland to the City sha11 be made. <br />Dated: �C, rr 9 , 2001. <br />ATTEST: <br />�a1 \ ae.. (.�.1, c�:n,�. <br />Racv'ae Edwards. City Cierk <br />CITY {)F GR�ND ISL.Ai�TD, �JEBR.aSKKc�„ <br />By: -�� � <br />Kzn adt, : ayo <br />I' <br />
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