4D, Purchase Agreement for Wetland Banking Agreements

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. � 4. Buyer a,gr�es to pay to a vvithdrawal fee of $857.� 1 to the State o� Minnesota based on 6.5% of the agreed to purchase price. At �he C�os�ng Date Buyer wi�l execute a check rnade out for th�s amount, payab�e to ihe Board of �ater and Soi1 R.esaurces. 5. The closing of the purchase and sale sha�l occur on or befare Septe�x�ber 30, 20�9 tClosing Date} at City of Rosevi�l�. The Closing l�ate and location m.ay be changed by �vritten eonsent of bath par�ies. Upon pa�n�.ent of the balance af �he purchase price, Sel�er will sign a fully execu�ed Ap�licatian for Withdrawai of the Credits in the form specif ed B�SR, provide a copy of the Application for VtTithdrawal �o the Buyer and forward fihe same to the BWSR. along with the check for ��.e w�thdravcral fee. 5. Bu�rer has app��ed or wi�l apply to Ri.ce Creek Watershed I�istrict for approval of a replaceinent plan utilizing �he Credits as fihe means of replacing �xnpacted wetlands. If the LGLT has not approved the Buyer's applicatian foz a replacemen� plan, sa��sfactory �o Buyer �n Buyer's sole discretion, utilizing �he Credits by the Clos�ng Date, and no pos�ponement o� the Closing Date has been agreed �o by $uyer and Seller �n writ�ng, then Buyer may cancel tk�is Agreexnent by giv�ng �ritten not�ce to Se11er. In this case, Se��er shal� return Bu�er's earnest rx�oney, and neither Buy�r nor S+eller s�al� have any fur�her obligations under this Agreen�ent. If the L�U has approved the replacement plan ar�d �he Seller is ready to proceed vvi�h the sale on the Closing Date, but Buyer �ails to praceed, then the Se11er n�ay retain the earnest xnoney as liquidated danr�ages. 7. Confidentxa�xfiy. Buyer and Seller agree nat to directly or indirectly use, disser�.znate oar disclase any of the terms of th�s A.greenr�ent, and in partxcu�ar �he f�nancza� terms of this A�greement, to any entity or individual priar to the Date of Clasing, except �o their attorneys, financial advisors, directors, of�cers, ena�ployees, members, governors, managers, par�ners, prospective �nvesfiors, prospect�ve �enders or o�her agents or except as requ�red by court order or law. �� �P�f�� o ave Nevcrman (Date) Restoration l�evelopment LLC (Signatu.re of Buyer� �Da�e) Page 2 of 2 BWSR Form: revised for Restoratiion Devlopment,doc Revised