• Potential to require the need to report on high level progress in line with cash flow model into the monitoring/reporting requirements in S106. • Provision of a third party back guarantee (e.g. a bond agreement provided by a national bank) which can be called on by the local authority in cases of breach and/or insolvency. • Remediation clause.

13 Method of unit sale from habitat bank If the habitat bank is going to be selling units in the future but starting the habitat management work now or prior to sale and (thereby increasing the units available for sale) the ‘habitat creation in advance’ function in the metric should be used and a procedure for calculating and auditing this must be agreed between the LPA and Habitat Bank provider. If the habitat bank is to be split into ‘phases’ for selling at different dates into the future, the LPA and Habitat Bank provider need to agree: 1. When the baseline is calculated from for each phase and; 2. When the 30 years for habitat creation / enhancement starts for any one ‘phase’ The above should be provided on a spatial plan as recommended by Defra. Will the broker / owner provide a certificate and Unique Transaction Number for each sale? Case by case basis Statement on method of sale of units and how these will be calculated and sold in the future. Plans provided

14 Sale of units outside of ENPA remit Are you proposing to sell units outside of Exmoor? Statement of intent

15 Pay the council a monitoring fee for the habitat creation / enhancement for the duration of the Habitat Bank (at least 30 years) Agree to the provision of a Monitoring fee to be paid to the Council to monitor the establishment phase and on-going habitat maintenance agreement over a 30 year period. Statement of intent to pay Devon Council’s monitoring fee Suitable Monitoring Plan for 30 years

16 Provision of a detailed and costed Habitat Management and Monitoring Plan and consider other legal and environmental constraints Habitat Management and Monitoring Plan, Costed management plan