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4. Acquisition Contingency. The obligations of the Town and the Foundation under this Agreement are contingent upon the Foundation acquiring fee simple to the Property. 5. Closing. a. This transaction (except for conveyance of the Park) will close on or before April 21, 1997, at the place designated by the Town, unless another date or place is agreed to in writing. b. The Park shall be conveyed by the Foundation to the Town after all necessary approvals and consents for the land division of the Park have been obtained. Said conveyance shall occur on or before April 21, 1998. If such approvals and consents cannot be obtained, the Foundation shall lease the Park to the Town for $1.00 a year for ninety-nine (99) years. 6. Survey. The Foundation shall retain a surveyor to provide the parties with a survey map of the Property. The survey map shall show the legal description of the Park, the Woods Tract, the Farm Tract, and the Farmstead Area (all as defined in the Grant). The Farmstead Area is the westerly 700 feet of the northerly 1,800 feet of the Property, consisting of approximately 30 acres. The Park is a parcel of land approximately three acres in area and consists generally of the westerly 200 feet of the southerly 600 feet of the Property. The boundaries of the Park shall be established by survey in such a manner as to maximize the available tillable land located on the Property, and to provide sufficient lands to include appropriate access to the Property from Alma Road. The legal descriptions contained in the Grant and the Right of First Refusal shall be amended as necessary to reflect the legal descriptions prepared by the surveyor. 7. Cost of Survey. The Foundation shall retain the services of a surveyor to prepare the survey map and determine the legal descriptions described in paragraph 6 above, which shall be completed prior to the closing of this transaction. The Town shall contribute $500.00 to the cost of the survey at the closing of this transaction. 8. Land Divisions. a. The Town shall approve the land divisions described in Section (2)(a) of the Grant, and shall cooperate with the Foundation in seeking approval of the City of Madison and Dane County for the land divisions described in Section 2(a) of the Grant, if and when the Foundation applies for such - approval and has complied with the procedures for approval of a land H:\WIPU I26\I55\PURCH-AG.1BE 0318971731 2 _