HomeMy WebLinkAboutWPO201500094 Bond Release 2019-06-06AFFIDAVIT OF NUTRIENT CREDITS
The undersigned hereby certify the following
Pursuant to a certain Land Purchase and Sale Agreement dated December 22, 2014, as
amended by First Amendment to Land Purchase Agreement dated January 6, 2016
(collectively, the "Agreement'j, between Gambit, L.L.0 , Pram Land LLC, for itself and as
successor in interest by merger to Hummingbird Holdings, LLC, 5`s Street SW Holdings,
LLC and Snow Paws, LLC, all Virginia limited liability companies (collectively "Sellers")
and 5a' Street Apartments, LLC, a North Carolina limited liability company ("Acquirer"),
Sellers, for the benefit of Acquirer, agree to sell 0.28 pounds of phosphorus offsets and retire
1.26 pounds of nitrogen (representing the ratio of nitrogen offsets to the phosphorus offsets at
the offset generating facility) offsets to Acquirer.
2. Sellers and Acquirer, as of the date hereof, have closed the transaction contemplated by the
Agreement and Sellers have sold to Acquirer 0.28 pounds of phosphorus offsets and retired
1.26 pounds of nitrogen offsets originally obtained by the Sellers from the Shaefer Nutrient
Bank on September 21, 2016
3. Sellers further affirm and certify that they have not previously sold, transferred or conveyed
the credits to anyone, and that Sellers have not used the credits in connection with the
development of any property.
Sellers agree to execute or deliver such other reasonable documents as may be required to finalize
the transaction contemplated by the Agreement.
The execution and delivery of this Affidavit has been duly authorized and is not in violation of
any agreement, document or obligation to which Sellers are bound.
IN WITNESS WHEREOF, Sellers have duly executed this Affidavit as of the 31" day of March,
2016
[Signature page follows]
GAMBIT I.. C(
I.H. Brownfield, Jr., Member/Manager
STATE OF VIRGINIA
COUNTY OF ALBEMARLE, to -wit:
Sworn to and subscribed before me this3 I day of M<lci, 2016, the undersigned Notary Public
for and in the jurisdiction aforesaid, by I. }I. 3rownlield, Jr Member/Manager of Gambit, L.L.C.
Notary Public
PRANA AND LLC
Sharon L. Sharp, Manager
STATE OFVIRGINIA ��11������,//
CITYICOUNTY 0 1(N� J�Jto-wit:
Sworn to and subscribed beoreme th day of op 16, the undersigned Notary Public
for and in the jurisdiction aforesaid, by ShwNotar3
n r f Prana Land LLC.
blic aLLEY�;T�� ,
'NOTARY '' T
PUBLIC
* REG. #F7169579 1 * r
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5'"STRE SW 1[[tbAnGS-LhC
Andrew Dondero, Manager
STATE OF VIRGINIA
CITY/COUNTY OFftAg&-6atto-wit:
Sworn to and subscribed before me this 31 day of Mwc, 2016, the undersigned Notary Public
for and in the jurisdiction aforesaid, by Andrew 5ondero, Manager of 5' Street SW Holdings, LLC.
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03/31/2016 15:49 434-296-5062 FEDEX OFFICE 0117 PAGE 03
SNOW PAWS, LLC
Hy
Tana Crutchfield, Manager
STATE OF VIRGINIIA,
CITY/COUNTY OFD lu r IO� `wit:
si' Public
Sworn to and subscribed before me this3f 'day of /� 2016, the undetsigded Notary
for and in the jurisdiction aforesaid, by Jana Cnrtchfield, Manager of Snow Paws, LLC.
Notary Public
Tammy K Shi1 t
ComnWnWeelth Of Vk"
Nwr Public
Commission No.308070
My Commission Expires 1031 017