OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • February 12th, 2007 • Buffalo Ridge Energy, LLC
AGREEMENT entered into this 18th day of November, 2006, by and between Jerome Johnson as Trustee of the Jerome Johnson Living Trust dated April 22, 1997 and Shirley Johnson as Trustee of the Shirley Johnson Living Trust dated April 22, 1997 (hereinafter collectively referred to as “Owners”) and Fagen, Inc., (hereinafter referred to as “Optionee”).
CONSULTING AGREEMENTConsulting Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • South Dakota
This Consulting Agreement (the “Agreement”) is made this 1st day of February, 2007 (the “Effective Date”), by and between DAK Renewable Energy, a South Dakota entity, with an address of 304 Splitrock Blvd., Suite 205, Brandon, South Dakota 57005, (DAK Renewable Energy), and Buffalo Ridge Energy, LLC, (“Client”).
AMENDMENT NUMBER ONE to LETTER OF INTENT (“LOI”) DATED JULY 21, 2006 by and between FAGEN, INC. (“FAGEN”) and BUFFALO RIDGE ENERGY, LLC (“OWNER”)Letter of Intent • February 12th, 2007 • Buffalo Ridge Energy, LLC
This Amendment Number One is entered into this 21st day of August, 2006, by and between Fagen, Inc., a Minnesota Corporation (“Fagen”) and Buffalo Ridge Energy, LLC, an Iowa Limited Liability Company (“Owner”).
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • February 12th, 2007 • Buffalo Ridge Energy, LLC
AGREEMENT entered into this 27th day of October, 2006, by and between Dean A. Olson & Cynthia J. Olson (hereinafter referred to as “Owners”) and Fagen, Inc., (hereinafter referred to as “Optionee”).
ESCROW AGREEMENTEscrow Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • South Dakota
THIS ESCROW AGREEMENT (this “Agreement”) is made this 5th day of February, 2007, by and between Buffalo Ridge Energy, LLC a South Dakota limited liability company (“Buffalo Ridge”) and Home Federal Bank of Brandon, South Dakota as escrow agent (the “Escrow Agent”).
AMENDED AND RESTATED OPERATING AGREEMENT OF BUFFALO RIDGE ENERGY, LLC Dated: Effective January 23, 2007Operating Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • South Dakota
THIS AMENDED AND RESTATED OPERATING AGREEMENT (the “Agreement”) is entered into effective as of the 23rd of January, 2007, by and among Buffalo Ridge Energy, LLC, a South Dakota limited liability company (the “Company”), each of the Persons identified as Members on attached Exhibit “A,” and any other Persons that may from time-to-time be subsequently admitted as Members of the Company in accordance with the terms of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meaning set forth in Section 1.10.
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • February 12th, 2007 • Buffalo Ridge Energy, LLC
AGREEMENT entered into this 26 day of October, 2006, by and between Carol DeSchepper, (hereinafter referred to as “Owners”) and Fagen, Inc., (hereinafter referred to as “Optionee”).
OPTION TO PURCHASE REAL ESTATEOption to Purchase Real Estate • February 12th, 2007 • Buffalo Ridge Energy, LLC
AGREEMENT entered into this 27th day of October, 2006, by and between Wilbur, Barb Van Grootheest (hereinafter referred to as “Owners”) and Fagen, Inc., (hereinafter referred to as “Optionee”).
PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT BETWEEN BUFFALO RIDGE ENERGY, LLC AND FAGEN ENGINEERING, LLC July 20, 2006Engineering Services Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • Minnesota
THIS PHASE I AND PHASE II ENGINEERING SERVICES AGREEMENT (the “Agreement”) is made as of July 20, 2006, (the “Effective Date”) by and between Buffalo Ridge Energy, LLC, a Minnesota Limited Liability Company (the “Client”) and Fagen Engineering, LLC a Minnesota Limited Liability Company (the “Engineer”). Each of the Client and Engineer are referred to herein individually as a “Party” and collectively as the “Parties.”
ENERGY MANAGEMENT AGREEMENT (Site Development and Operations)Energy Management Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • Minnesota
The purpose of this Agreement is to set forth the understanding and agreement between U.S. Energy Services, Inc. (“U.S. Energy”) and Buffalo Ridge Ethanol, LLC (“Client”) related to the provision of energy management services.
SERVICE AGREEMENT BETWEEN RTP ENVIRONMENTAL ASSOCIATES, INC. AND BUFFALO RIDGE ENERGY, LLCService Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC • New York
THIS AGREEMENT is entered into between RTP ENVIRONMENTAL ASSOCIATES, INC. hereinafter called Consultant, and BUFFALO RIDGE ENERGY, LLC hereinafter called Client. In consideration of the covenants herein contained and upon subject to the mutual terms and conditions set forth herein, the parties hereto agree as follows:
AMENDMENT NUMBER TWO to LETTER OF INTENT (“LOI”) DATED JULY 21, 2006 And AMENDMENT NUMBER ONE DATED AUGUST 21, 2006 (“AMENDMENT NUMBER ONE”) by and between FAGEN, INC. (“FAGEN”) and BUFFALO RIDGE ENERGY, LLC (“OWNER”)Letter of Intent • February 12th, 2007 • Buffalo Ridge Energy, LLC
This Amendment Number Two is entered into this 9th day of October, 2006, by and between Fagen, Inc., a Minnesota Corporation (“Fagen”) and Buffalo Ridge Energy, LLC, an Iowa Limited Liability Company (“Owner”).
BUFFALO RIDGE ENERGY, LLC SUBSCRIPTION AGREEMENT Limited Liability Company Membership Units $1,000 per Unit Minimum Investment of 10 Units ($10,000) 1 Unit Increments Thereafter ($1,000)Subscription Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC
The undersigned subscriber (“Subscriber”), desiring to become a member Buffalo Ridge Energy, LLC (“Buffalo Ridge”), a South Dakota limited liability company, with its principal place of business at 304 Splitrock Blvd, Suite 205, Brandon, South Dakota 57005 hereby subscribes for the purchase of membership units of Buffalo Ridge, and agrees to pay the related purchase price, identified below.
BUFFALO RIDGE ENERGY LLC RISK MANAGEMENT AGREEMENT FOR GRAIN PROCUREMENT AND BYPRODUCT MARKETING This document is to define the agreement by which John Stewart & Associates, an Introducing Broker for Iowa Grain Company, will provide risk management...Risk Management Agreement • February 12th, 2007 • Buffalo Ridge Energy, LLC
JS&A will work with Buffalo Ridge Energy LLC, providing advice regarding the hedging of grains, milling by-product owned or expected to be owned by it and Ethanol, in order to reduce the price risk of such ownership, and provide information related to the hedged position to respond to all management requirements.
