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HomeMy WebLinkAboutWPO201700052 Agreement - Nutrient Credits 2019-10-01A VIR-G-MA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.Vir2iniaNutrientBank.com EXHIBIT A - BILL OF SALE Bill of Sale, made as of the l� day of October, 2019, by Virginia Nutrient Bank, LLC, a Virginia Limited Liability Company ("Seller"), to Dunlora Investments, LLC, a Virginia Limited Liability Company ("Purchaser"). Whereas, the Seller and Purchaser have entered into an Agreement for Purchase and Sale of Nutrient Offset Credits, dated as of September3g -, 2019 (the "Agreement"), the terms of which are incorporated herein by reference and made a part hereof), with respect to the sale by Seller and purchase by Purchaser of Nutrient Credits held by the Seller's Upper James Nutrient Bank in Nelson County, Virginia within the James River watershed (HUC: 02080203). Now Therefore, for and in consideration of the payment of the purchase price (as defined in the agreement) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby sells, transfers, assigns, conveys, delivers, and sets over to Purchaser, its successors and assigns, 5.52 Nutrient Credits out of the Upper James Nutrient Bank as such are described in the Agreement. To Have and To Hold all such Nutrient Credits hereby sold and transferred to Purchaser and its successors and assigns forever for use in connection with Purchaser's Dunlora Overlook VSMP Amendment #3 WPO-2017-00052 (Amendment #3 WPO-2016-00058) project located in Albemarle County, VA. In Witness Whereof, Seller has caused this Bill of Sale to be executed by its duly authorized representative as of the date first above written. Virginia Nutrient C By: Name: NatharvAVAlackwell Title: Manager Acquirer: Dunlora Investments, LLC Project: Dunlora Overlook VSMP Amendment #3 WPO-2017-00052 (Amendment #3 to WPO 2016-00058) Albemarle County (HUC:02080204) Tax Map#: TMP #06100nn nn 1500 0 610 0 - 0 0 - 0 0 -16 5 0 0 Permittee: Dunlora Investments, LLC 455 2nd Street SE, Suite 201 Charlottesville, VA 22902 Permit #: VAR10J178 Nutrient Bank: Upper James - James - 050 (HUC:02080203) Phosphorus Offsets: 5.52 pounds Nitrogen Offsets: 19.90 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME A VIR-G-MA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.Viry_iniaNutrientBank.com EXHIBIT B - AFFIDAVIT OF NUTRIENT OFFSET SALE Virginia Nutrient Bank, (the "Seller"), hereby certifies the following: 1. Pursuant to that certain "Agreement for Purchase and Sale of Nonpoint Nutrient Offset Credits" dated September 3c-', 2019 (the "Agreement"), the terms of which are incorporated herein by reference and made a part of hereof) between the Seller and Dunlora Investments, LLC ("Purchaser"), the Seller, for the benefit of the Purchaser, agreed to sell 5.52 pounds of phosphorus offsets and retire 19.90 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility) to Purchaser; 2. The Seller and the Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser 5.52 pounds of phosphorus offsets and retired 19.90 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility). WITNESS the following signature: Virginia Nutrie C By: Name: Nat n . Blackwell Title: Man ger `,// r/� � a Date: y sr Sworn to and subscribed before me this 1 day of Q c—kt:� , 20 II by Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC. My commission expires: kL Notary Publi Acquirer: Dunlora Investments, LLC Project: Dunlora Overlook VSMP Amendment #3 WPO-2017-00052 (Amendment #3 to WPO 2016-00058)Albemarle County (HUC:02080204) Tax Map#: TMP 06100-00-00-16500 Permittee: Dunlora Investments, LLC 0aNNUNNrq 455 2nd Street SE, Suite 201 �,�``�NME 4, �'yi, Charlottesville, VA 22902 `�� : .p........... Permit #: VAR10J178�:' Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 5.52 pounds Nitrogen Offsets: 19.90 pounds T �r� �1feS1Pe`,`�� VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME