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HomeMy WebLinkAboutWPO201900070 Agreement - Nutrient Credits 2020-04-27Exhibit A CBAY-VA LLC — SEVEN ISLANDS NUTRIENT BANK AFFIDAVIT OF PHOSPHORUS CREDIT SALE CBAY-VA LLC, a Virginia limited liability company (the "Company"), hereby certifies the following: 1. Pursuant to that certain Purchase and Sale Agreement dated April 27, 2020 (the "Agreement'), between the Company (as Seller) and Dogwood Lane Properties, L.L.C. ("Purchaser"), the Company, for the benefit of the Purchaser, agreed to sell 1.29 pounds of nonpoint source phosphorus Credits to Purchaser and retire the associated ratio of nonpoint source nitrogen Credits at the credit generating facility in the amount of 5.79 pounds of nitrogen Credits; 2. The Company and the Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Company has sold to Purchaser the phosphorus Credits. WITNESS the following signature: CBAY-VA LLC, a Virginia limited liability company Authorized Signatory -� Date: ✓ / "�v Sworn to and subscribed before me this J ` day of /YG 2020, by �J C.•-• , Authorized Signatory, on behal of CBAY- VA LLC, a Virginia limited liability company. State of North Carolina Notary registration number: County of: Wake My commission expires:09/04/2023 AMY STALEY NOTARY PUBLIC Johnston County / North Carolina Notary Public My Commission Expires Sept. 4, 2023 WPO#: WPO.2019-00070 Project Name: Oakeneroft Farm Residence Number of Phospborus Credits: 1.29 Ib. ✓ Number of Nitrogen Credits: 5.79 Ib. TMPs: 05900.00.00-032Ao Project HUC: 02080204 " v Bank Sponsor HUC: 02080203 CB,kY-VA LLC Seven Islands Purchase and Sale Agreement 9 W20/2020 Exhibit B CBAY-VA LLC — SEVEN ISLANDS NUTRIENT BANK BILL OF SALE BILL OF SALE, made as of May 5, 2020, by CBAY-VA LLC, a Virginia limited liability company ("Seller"), to Dogwood Lane Properties, L.L.C. ("Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Purchase and Sale Agreement as of April 27, 2020 (the "Agreement"), with respect to the sale by the Seller and purchase by the Purchaser of nonpoint source phosphorus Credits generated within the Seven Islands Nutrient Bank Property in Buckingham County, Virginia. NOW, THERE -FORE, for and in consideration ofthe 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, 1.29 pounds of phosphorus Credits and retires 5.79 pounds of nitrogen Credits associated with the phosphorous Credits generated at the Property, as such terms are described in the Agreement. TO HAVE AND TO HOLD all such phosphorus Credits hereby sold and transferred to Purchaser and its successors and assigns forever. 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. CBAY-VA LLC, a Virginia Limited Liability Company Authorized Signatory WPO#: WPO-2019-00070 Project Name: OakeneroR Farm Residence Number ofPhosphorus Credits: 1.291b. Number of Nitrogen Credits: 5.791b. IMPS: 05900-00.00-032AO = Project HUC: 02080204 nxnk Sponsor HUC: 02080203 CBAY-VA LLC Seven Islande Purchase and Eale Agra--, 10 V2012020 I