HomeMy WebLinkAboutWPO201900050 Agreement - Nutrient Credits 2019-10-08Adi%h-VIRGINIA
NUTRIENT BANK
P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 - www.Virp-iniaNuirientBank.com
EXHIBIT A — BILL OF SALE
Bill of Sale, made as of the 814- day of October, 2019, by Virginia Nutrient Bank, LLC, a Virginia
Limited Liability Company ("Seller"), to Berkmar Development, 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 October cf '% 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, 1_25 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 Berkmar Overlook located between
Woodburn Rd and Berkmar Dr in Albemarle County.
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 Nutri B LLC
By:
Name: Nat . Blackwell
Title: Man ager
Acquirer.
Berkmar Development, LLC
Project:
Berkmar ovcf-loci< (HUC:02080204)
TM/Parcels:
45-112F1. 45-112F2,45-84A. 45-85
Permittee:
Berkmar Development, LLC
2496 Old Ivy Road
Charlottesville, VA 22903
Permit #:
WPO-2019-00050
Nutrient Bank:
Upper James —James — 050 (HUC:02080203)
Phosphorus Offsets: 1.25 pounds
Nitrogen Offsets: 4.51 pounds
VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES
HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME
VIRGMA
NUTRIENT RAMC
P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 - www.VirginiaNutrientBank.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
October W' , 2019 (the "Agreement"), the terms of which are incorporated herein by reference and
made a part of hereof) between the Seller and Berkmar Development, LLC ("Purchaser"), the Seller, for
the benefit of the Purchaser, agreed to sell 1.25 pounds of phosphorus offsets and retire 4.51 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 1.25 pounds of phosphorus offsets
and retired 4.51 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous
offsets at the offset generating facility).
WITNESS the following signature:
Virginia Nutri a LC
By:
Name: N a W. Blackwell
Title: Manager
Date:
Sworn to and subscribed before me this &} *' day of 0C,--'606-Qr , 20 I� by
Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC.
My mmissio expires:
w—c .c_
Notary Public
Acquirer:
Berkmar Development, LLC
Project:
Berkmar bicr-kooy— (HUC:02080204)
TM/Parcels:
45-112FI, 45-112F2, 45-84A. 45-85
Permittee:
Berkmar Development, LLC
2496 Old Ivy Road
Charlottesville, VA 22903
Permit #:
WPO-2019400050
Nutrient Bank:
Upper James — James — 050 (HUC:02080203)
Phosphorus Offsets: 1.25 pounds
Nitrogen Offsets: 4.51 pounds
VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES
HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME