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HomeMy WebLinkAboutWPO201800092 Agreement - Nutrient Credits 2020-08-252FVIRGINIA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 - www.VirginiaNutrientBank.com EXHIBrr A — BILL OF SALE Bill of Sale, made as of the 2 g4kday of August. 2020, by Virginia Nutrient Bank, LLC, a Virginia Limited Liability Company ("Seller"), to Daily South 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 August ?P. 2020 (the "Agreement"), the terms of which are incorporated herein by reference and made a part hereoi), 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, 5.24 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 Foothill Crossing Phase V — VSMP Plan (WPO201800092). This project is located in HUC:02080204. 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 rent Bank, LC Bir 4, Name: Mthan W. Blackwell Title: Manager Acquirer: Stanley Martin Companies, LLC 11710 Plaza America Drive Suite 1100 Reston, VA 20190 Project: Foothill Crossing Phase V — VSMP Plan (WP0201800092) HUC:02080204 TM/PIN#: 05600-00-00-057133 Permittee: Daily South Investments, LLC 455 Second St SE 5' Floor Charlottesville, VA 22902 VSMP #: Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 5.24 pounds Nitrogen Offsets: 18.89 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS. AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME Jk �VIRGINIA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 (540) 908-1679 • www.VirainiaNuirientBank.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 August 2° , 2020 (the "Agreement"), the terms of which are incorporated herein by reference and made a part of hereof) between the Seller and Daily South Investments, LLC ("Purchaser"), the Seller, for the benefit of the Purchaser, agreed to sell 5.24 pounds of phosphorus offsets and retire 18_89 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 5.24 pounds of phosphorus offsets and retired 18.89 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility). WITNESS the following signature: Virginia N t nJc, L,C By: t, Name: Nat an W. Blackwell Title: Manager �// Date: 1f 'Ay/XAO �0?,� Sworn day of Nathan tW. Blackwell, P.Eo and subscribed ef Managerore me l,ton� f of Virginia Ni tr en Bank, LLQ by ♦ �qV� o HIY* M&ls=: REGISTRATION M: 350811 Notary Pu rc M c0 M. xp. + .0 Acquirer: Stanley Martin Companies, LLC 0-*4; OT ;nR6�'♦♦ 11710 Plaza America Drive Suite 1100 ��118111111 Reston, VA 20190 Project: Foothill Crossing Phase V — VSMP Plan (WPO201800092) HUC:02080204 TM/PIN#: 05600-00-00-057B3 Permittee: Daily South Investments, LLC 455 Second St SE 51 Floor Charlottesville, VA 22902 VSMP #: Nutrient Bank: Upper James — James — 050 (HUC:02080203) - Phosphorus Offsets: 5.24 pounds Nitrogen Offsets: 18.89 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME