EXHIBIT 10.1
MONROE TAX INCREMENTAL FINANCE DISTRICT NUMBER FIVE
AMENDMENT OF PURCHASE AND DEVELOPMENT AGREEMENT
BADGER STATE ETHANOL, LLC
THIS AGREEMENT entered into as of May 29, 2001, between Badger State
Ethanol, LLC (the "Purchaser") and the City of Monroe, a municipality organized
under the laws of the State of Wisconsin (the "City").
WHEREAS, the City and Purchaser entered into a Purchase and Development
Agreement dated as of October 11, 2000, a true and correct copy of which is
attached hereto (the "Agreement"), and
WHEREAS, it is the mutual interest of the City and Purchaser to amend
the Agreement to extend the Date of Closing.
NOW, THEREFORE, the parties agree that the Agreement shall be and
hereby is amended as follows:
1. DATE OF CLOSING. This transaction is to be closed at the office of
the City's legal counsel on or before the earlier of September 30, 2001 or the
date Purchaser closes on Purchaser's primary financing, or at such other time
and place as may be agreed in writing.
2. Except as expressly provided by this agreement all covenants of the
Agreement, and any prior amendments or supplements thereto, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
as of the date first above written.
CITY OF MONROE
By: /s/ Xxxxxxx X. Xxxx, Xx. [Seal] By: /s/ Xxxxx X. Xxxxx [Seal]
------------------------------ ----------------------------
Xxxxxxx X. Xxxx, Xx., Mayor Xxxxx X. Xxxxx, City Clerk
BADGER STATE ETHANOL, LLC
By: /s/ Xxxx Xxxxxxxx [Seal] By: /s/ Xxxx Xxxxxx [Seal]
------------------------------ ----------------------------
Xxxx Xxxxxxxx, Member Xxxx Xxxxxx, Member and
Chairman of the Board
