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20�106937 2004122�� acknowledge that conditions c., h. and i. have been satisfied. Conditions a., b. d., e., f. and g. must be satisfied on or before the delivery of the Building Bonds and in any event not later than12:00 midnight on the fourth anniversary of the da.te on which the Original Lease Purchase Agreement was executed and delivered (October 9, 2005), otherwise this Agreement shall terminate and be of no.fiu�ther force and effec� The fourth anniversazy of the date on which this Agreement is executed and delivered is October 9, 2005. Heartland must also have the ability to issue the Building Bonds upan satisfaction of the foregoing conditions as contemplated by this Agreement pursuant to Section 103 of the Code and in conformifiy with the rules and requirements of Rev. Proc, 82-26 under terms and conditions sufficient to provide net proceeds available for deposit to the Construction Fund in the amount . of $7,504,000.00, after red.uction for any degosit required to be made to any debt service reserve fund required for the Building Bonds and for payment of issuance expenses related to the Building Bonds, including undenvriter's discount, any premium for bond insurance and all other costs related to the issuance of the Building Bonds. Such other costs related to the issuance of the Building Bonds sha11 include but nat be limited ta survey costs and premium for title insurance. If Heartland is unable to satisfy such conc�itions, Heartland shall have the option to rescind tlus Agreement and this Agreem.ent shall be of no further force and effec�t." Sertion IV. Desi�n of Proiec� Paragraph 4. of the Lease Purchase Agreement is hereby amended to read as follows: "4. DESIGN OF PROJECT. The Project shall be initially known as The Heartland Events Center (but may be renamed by Heartland; it being the intent of the City and Heartland that the Project may be renazned, if permitted under the provisions of Rev. Pr�. 82-26, in connection with a grant agreement or agreements for a chazitable contribution or contributions for the Project entered into by Heartland). Heartland shall provide for the plaaning and design of ttie Project attd shall contract for the construction of the Project as provided in the Contract. Heartland shall be responsibte for adrninistration and oversight of engineers, azchitects and contractors and perfarmance of their respective contracts, including the Construction Contract, relating to the Project. Heartland shall pmvide ar shall cause to be pravided to the City a permanent contractual right or easement for access to the Site, consistent with the nature and anticipated use of the Project, and for use of an area within the eausti�g grounds owned by Fonner Park and adjacent to the Site for parking rights for the general public for events at the Project for parking without charge or at chargas to b� agreed to by the City and Heartland from time to time; provided, however, such pazlting for event� at the Project shall be subject to reasonable restrictions of Fonner Park to accommodate patrons of Fonner Pazk during the race meet or �