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HomeMy WebLinkAbout20191641 Ver 1_Credit Reservation_executed_20191218CREDIT RESERVATION This CREDIT SALES RESERVATION AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 10th day of December 2019 by and between Restoration Systems, LLG a North Carolina limited liability company (hereinafter referred to as "Seller"), and Hendrick Automotive Group (hereinafter referred to as "Purchaser"). 1. PROJECT NAME: Reggie Jackson Airport Honda (hereinafter the "Project") 9500 Lumley Road Raleigh, NC 27617 PURCHASER: Hendrick Automotive Group Attn: Gene Cocchi 6000 Monroe Road, Suite 100 Charlotte, NC 28212 PRICING: Number of credits purchased Credit type Bank Credit price (per unit Total purchase price 748.50 s ft Riparian Buffer Pancho $0.94 $ 703.59 4,736.65 s ft Riparian Buffer Weaver Farm $0.94 $4,452.45 33,001.27 s ft Riparian Buffer Half Mile $0.94 $31,021.19 TOTAL: 38,486.42 s ft TOTAL $ 36,177.23 3. PAYMENT: 3.1 Payment: Seller agrees to accept from Purchaser payment of 10% of the total dollar value in the amount of three thousand six hundred seventeen and 72/100 ($3,617.72), representing a deposit for a 60-day credit reservation. 3.1a Payment: Seller agrees to extend the reservation for an additional 30 days with a subsequent deposit of 10% of the total dollar value in the amount of three thousand six hundred seventeen and 72/100 ($3,617.72). "Agreement is null and void if permit is not issued within one year from date of execution and Seller will refund the deposit to Purchaser" 3.2 Sale and Transfer: Seller's receipt of the remaining purchase price shall result in Credits made available for immediate transfer to Purchaser by Seller. No credits shall be 1101 1laynes St.. Suite 211 • Raleigh. NC 27604 • %vwxv.restorationsysiems.com • Ph 919.755.9490 • Px 919.755.9492 transferred, sold, or otherwise conveyed by Seller to Purchaser pursuant to this Agreement prior to Seller's receipt of the Total Purchase Price. 4. DELIVERABLES: Mitigation Credit Transfer Certificate provided by the Seller. 5. LIABILITY FOR COMPENSATORY MITIGATION: In consideration for receiving the Payment from Purchaser, Seller shall assume liability for providing compensatory mitigation under the terms of this Agreement and in accordance with U.S. Army Corps of Engineers Section 404 permit and NC Department of Environmental Quality - Division of Water Resources Section 401 certification requirements. 6. 8. COMPLETE AGREEMENT: This Agreement constitutes the full and complete agreement by and between Seller and Purchaser for the sale of compensatory mitigation credits for the Project. GOVERNING LAW: This Agreement shall be construed, interpreted, and enforced solely under the laws of the State of North Carolina. NONASSIGNABILITY: This Agreement may not be assigned without the consent, in writing, of the other Party. 9. AGREEMENT BIND C.ene Cocchi Hendrick Automotive Group Date: ! 2--I n'z 1 1 q mm_ ON SUCCESSORS: This Agreement shall be binding upon the Parties, es, heirs, successors, and assigns to the full extent of prevailing law. p___L — By) -6 (By) John Preyer President Restoration Systems, LLC Date: 12/10/2019 1 101 Haynes St.. Suite 211 • Raleigh. NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Px 919.755.9492