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HomeMy WebLinkAboutWPO201900066 Agreement - Nutrient Credits 2020-05-05VIRGNIA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.Virp-iniaNutrientBank.com EXHIBIT A - BH,L OF SALE Bill of Sale, made as of the 151'- day of May, 2020, by Virginia Nutrient Bank, LLC, a Virginia Limited Liability Company ("Seller"), to 2246-2248 Ivy Road, 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 May 6"-, 2020 (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, 0.85 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 project at Beaver Creek Medical Office Building in Albemarle County. This project is located in HUC:02080204. The permit number is WPO-2019-00066. 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 Nu tri �LLCJ By: ;i-� Name: Nat a . Blackwell Title: Manager Acquirer: 2246-2248 Ivy Road, LLC Project: Beaver Creek Medical Office Building - WPO-2019-00066 TM/PIN#: 06000-00-00-03800 Permittee: 2246-2248 Ivy Road, LLC 250 West Main St, Suite 201 Charlottesville, VA 22902 VSMP #: Nutrient Bank: Upper James - James - 050 (HUC:02080203) Phosphorus Offsets: 0.85 pounds Nitrogen Offsets: 3.06 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME VIRGIl�TIA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.VirjZiniaNutrientBank.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 May Ste, 2020 (the "Agreement"), the terms of which are incorporated herein by reference and made a part of hereof) between the Seller and 2246-2248 Ivy Road, LLC ("Purchaser"), the Seller, for the benefit of the Purchaser, agreed to sell 0.85 pounds of phosphorus offsets and retire 3.06 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 0.85 pounds of phosphorus offsets and retired 3.06 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 �,E C By: Name: Natha . Blackwell Title: Manager Date: Sworn to and subscribed before me this 5111- day of , 20,2Vby Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC. My com is on a pires: / ( 36 NotaryPublic Acquirer: 2246-2248 Ivy Road, LLC Project: Beaver Creek Medical Office Building - WPO-2019-00066 TM/PIN#: 06000-00-00-03800 Permittee: 2246-2248 Ivy Road, LLC 250 West Main St, Suite 201 Charlottesville, VA 22902 VSMP #: Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 0.85 pounds Nitrogen Offsets: 3.06 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME