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2022.11.21 CC Packet
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2022.11.21 CC Packet
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11/21/2022 4:19:47 PM
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11/21/2022 4:16:09 PM
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City Council
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Agenda/Packets
Meeting Date
11/21/2022
Meeting Type
Regular
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Page 2 of 2 <br /> <br />Wetland Credit Agency, LLC w 12940 Overlook Road, Dayton, MN 55327 w 612-360-4700 <br /> <br />V2.2_05-16-21 <br /> <br />4. In addition to the Credit fees in paragraph 3, Buyer agrees to pay to Broker the Withdrawal Fee <br />and Easement Stewardship Fee totaling $1,789.32 for BWSR based upon the 2017 BWSR Fee Schedule to <br />be paid at closing. Broker will then execute and forward a check made out for this amount, payable to <br />BWSR. <br /> <br />5. The closing of the purchase and sale shall occur on or before December 22nd, 2022 (Closing Date). <br />The Closing Date may be changed by written consent of both parties. Upon payment of the balance of the <br />purchase price, Seller will sign a fully executed Transaction Form to Withdraw Credits in the form <br />specified by BWSR, and forward the same to BWSR along with a check for the withdrawal fee. <br /> <br />6. Buyer shall apply to the appropriate Local Government Unit (LGU) and the US Army Corps of <br />Engineers for approval of a replacement plan utilizing the Credits as the means of replacing impacted <br />wetlands. If the Local Government Unit (LGU) and/or the US Army Corps of Engineers has not approved <br />the Buyer’s application for a replacement plan utilizing the Credits by the Closing Date, and no <br />postponement of the Closing Date has been agreed to by Buyer and Broker in writing, then Agreement is <br />null and void. In this case, Broker shall return Buyer’s earnest money (if any), and neither Buyer nor <br />Broker shall have any further obligations under this Agreement. If the LGU and/or the US Army Corps of <br />Engineers has approved the replacement plan and the Broker is ready to proceed with the sale on the <br />Closing Date, but Buyer fails to proceed, then the Broker may retain the earnest money as liquidated <br />damages. <br /> <br />7. Buyer agrees that Broker is acting in good faith on behalf of a third party Seller, and that if Seller <br />fails to perform under this Agreement, Broker shall have no liability to Buyer and shall not be held <br />responsible for any claims or damages. Buyer waives any and all claims that Buyer has or may have <br />against Broker resulting from this Agreement. Broker shall however refund any monies paid to it by <br />Buyer. <br /> <br />8. Buyer agrees that Agreement is not valid until a signed copy is provided to Broker. If Buyer has <br />not forwarded a signed copy to Broker within 14 days after date signed by Broker, Agreement is null and <br />void and neither Buyer nor Broker shall have any further obligations under this Agreement. <br /> <br /> <br />_______________________________________ _________________________________ <br />(Signature of Broker) (Date) (Signature of Buyer) (Date) <br />By: Eric Trelstad, Wetland Credit Agency, LLC By: _____________________________ <br />Its: Owner Its: _____________________________ <br />Address: 12940 Overlook Road Address: _________________________ <br /> Dayton, MN 55327 _________________________ <br /> 612-360-4700 <br />9/29/22 <br />Chad Wollak <br />Manager, Project & Workplace Services <br />414 Nicollet Mall, MZ <br />Minneapolis, MN 55401 <br />09/30/2022
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