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r , • - • . � �0110693 �� b. The Boazd of Directors of Heartland must approve and adopt a resolution in accordance with Heartland's Articles of Incorporation and Bylaws and applicable to federal and state statutes, describing the scope of the Project, the estimated costs of the Project and confirming that funds and Financing are available to Hear[land to pay for: The costs of construction and acquisition of the Project. 2. The casts of any equipment to be provided by Hear�land as contemplated by the management contract with Heartland. 3. The costs related to any other portions of the Site described in the Declara- tion and the Plans and Specifications wtuch is to be improved or con smicted in connection with the construction of the Project as contemplat.�d by the management agreement with Heartland Estirnates for all costs of the Project and any and aCl such related equipment and im- provements shall be set forth in such resolution. Such resolution of the Board of Directors of Heartland must be appmved hy Fonner Park. c. Heartland sha11 provide a copy of the Plans and Specifications to the City. d. Heartland must cause Fonner Park ta execute and deliver a Declaration in accor- dance with Neb. Rev. Sta.�, §§76-825 to 76-894, as amended, or other relaxed in- strument which shall, amang other things, specify the unit of real estate consti- tuting the Project based upon the Plans and Specifications and the rights and easements through comrnon elements or otherwise for the benefit of such unit, in cluding, 6ui not limited to, the easement under Paragraph 4. below. e. Heartland shaU provide a copy of the Declaration to the City. The Declaration shall be executed, delivered and recorded against the Site. f. The Boazd of Directors of Heartland shall reafftrm the covenaats of Heartland made in this Agreement and notify the City of Heartland's intent to pr�eed by resolution duly appmved and adopted and forwazded to the Mayor and City Council of the City. g. Heartland shall cause its Bylaws to be amended by Fonner Pazk to provide that the City shall have the power to remave for cause any member of the governing board of Heartland and appoint a successor consistent with the requirements of Rev. Proc. 82-26. h. Heartland shall amend any existing agreements with any person or entity that does not comply with the requirements of Rev: Proc. 82-26 so that such existing �