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ARTS FACILITY CONSTRUCTION ADMINISTRATION AND FUNDING AGREEMENT
by and between
and
Dated
as of
July 1, 2008
FIRST AMENDMENT TO ARTS FACILITY CONSTRUCTION
ADMINISTRATION AND FUNDING AGREEMENT
RECITALS
1. The Construction Manager and the Commission previously entered into an Arts
Facility Construction Administration and Funding Agreement (the “Original Agreement”) dated
as of March 25, 2003.
2. Certain facts and circumstances recited in the Original Agreement have changed.
3. The Construction Administrator and the Commission desire to amend the Original
Agreement to reflect the changes in facts and circumstances.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth in
the Original Agreement as amended by this Amendment, the Construction Administrator and the
Commission agree as follows:
Section 1. The Recitals in the Original Agreement are hereby deleted in their entirety and
replaced with the following:
“RECITALS
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3. The Ohio General Assembly enacted legislation providing that the
Treasurer of State (the “Treasurer”) (a) succeeded to and replaced OBA as the
issuing authority in all matters relating to the issuance of obligations for the
financing of Ohio cultural facilities, and (b) succeed to, have and perform all of
the duties, powers, obligations and functions, and have all the rights of OBA
provided in or pursuant to resolutions, rules and agreements entered into by the
OBA.
4. The Treasurer has and will issue bonds (the “Treasurer Bonds”,
and together with the OBA Bonds, the “Bonds”) for the purpose of financing
costs of Ohio cultural facilities, including the Arts Project.
8. In accordance with the Act, the Commission may (i) make and
enter into all contracts, commitments and agreements, and execute all instruments
necessary or incidental to the performance of its duties and the execution of its
rights under the Act and (ii) do anything necessary or appropriate to carry out the
purposes of and exercise the powers granted in the Act.
10. The Commission has determined that the Arts Project meets all
requirements of the Act and, subject to the fulfillment of certain conditions, has
approved the expenditure of the State Appropriation for the Arts Project.
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12. In accordance with the Act, the Commission has determined that
construction services for the Arts Project will be provided by an arts organization
that occupies, will occupy or is responsible for the arts facility.
Section 2. This Amendment may be executed in several counterparts, each of which shall
be an original and all of which shall constitute but one and the same document.
By:
Signature Kathleen M. Fox, Executive Director
Printed Name
Signature
Printed Name
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Signed in the presence of: NATIONAL UNDERGROUND RAILROAD
FREEDOM CENTER, INC.
By:
Signature Don Murphy, President and
Chief Executive Officer
Printed Name
Signature
Printed Name
Approved as to form: