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HomeMy WebLinkAboutWPO201900062 Agreement - Nutrient Credits 2020-10-23Exhibit A - Bill of Sale NUTRIENT CREDIT BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE, made as of Z day of © C/, 2020 by OSTRYA CONSERVATION, INC ("Seller") and Greater Charlottesville Habitat for Humanity ("Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of 22 day of October, 2020 (the "Purchase 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 Compensatory Nutrient Mitigation Credits held in Seller's Nonpoint Nutrient Offset Bank in Buckingham County, VA. NOW THEREFORE, for and in consideration of the payment of the Purchase Price (as defined in the Purchase 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, Nutrient Credits (consisting of 1.31 pounds of nonpoint source phosphorus credits and the retirement of the associated ratio of nonpoint source nitrogen credits in the amount of 4.38 pounds) as such are described in the Purchase Agreement. TO HAVE AND TO HOLD all such Nutrient 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. OSTRYA CONSERVATION, INC.. a Virginia brporation/�, By: / Name lames M Eaton Its: Director _. Purchaser: Greater Charlottesville Habitat for HanlIloltV Project Name: Southwood Redevelouinent Villa Phosphorous Offsets: 1.31 pounds Associated Nitrogen offsets: 4.38 pounds Paec S al 10 Exhibit B - Affidavit Ostrya Conservation, Inc. — Slate River Nutrient Bank Affidavit of Phosphorus Offset Sale OSTRYA CONSERVATION, INC., a Virginia corporation (the "Company"), hereby certifies the following: 1. Pursuant to that certain Agreement for the Purchase and Sale of Nonpoint Nutrient Offset Credits dated 22nd October, 2020 (the "Agreement"), between the Company (as "Seller") and Greater Charlottesville Habitat for Humanity ("Purchaser"), the Company, for the benefit of the Purchaser, agreed to sell 1.31 pounds of phosphorus offset credits to the Purchaser and retire 4.38 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility); 2. The Company and the Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Company has sold, assigned, and conveyed to Purchaser phosphorus offset credits. WITNESS the following signature: OS'fRYA CONSERVATION, INC., a Virginia orporatjon E K LI(3/y ...............ro0�': By. 0 ; RE PUBLIC .`::� = Direct��jj'' MY OOMM�3874 e i Date: 1�1_ e-VPIRES ION: o —�— 09/30/2023 7 H of Sworn to and subscribed before me this -day of r1bGi 2020, by James M. Eaton, Director, on behalf of Ostrya Conservation Inc., a Virginia corporation. My commission Notary Public City/County of: A 16e e Purchaser: Greater rl ttesville Habitat for Humanity (WPO-2019-00062) Project Name: Southwo d Redevelopment Village I Phosphorous Offsets: 1.31 pounds Associated Nitrogen Offsets: 4.38 pounds Plan N: Pending Tax Map and Parcels: 090A I-00-00-001 EO, 09000-00-00-001 AO, 07600-00-00-051AO, 090A 1-00-00-001 DO Project HUC: 02080204 Bank Sponsor HUC: 02080203 Page 9 of 10 Exhibit C - DEQ Water Quality Enhancement Fee Form DEPARTMENT OF ENVIRONMENTAL QUALITY WATER QUALITY ENHANCEMENT FEE FORM Instructions: Nonpoint nutrient offset brokers are required to pay a water quality enhancement fee equal to six percent of the amount paid by the permittee for the nonpoint nutrient offsets. With submittal of this payment, brokers should complete this form and submit it with their payment. Payment should be in the form of check or money order payable to 'Treasurer of Virginia" and should be mailed to: Department of Environmental Quality Receipts Control P.O. Box 1104 Richmond, Virginia 23218 You should retain a copy for your records. Please direct any questions regarding this form or fee payment to and rew. ham mond0cleg.virg in ia.gov. Offset Broker: Name: Ostrva Conservation, Inc., James Eaton, Director FIN: 82-2660285 Mailing Address: Post Office Box 153 City: Scottsville State: VA Zip: 24590 Phone: 708-703-2552 Daytime Phone Number: (708) 703-2552 Name and Location of Construction Activity: Name: Greater Charlottesville Habitat for Humanity - Southwood Redevelopment Villaae 1 Town, City, or County: County of Albermarle VSMP Permit Number: Pendino Nutrient Bank: Bank Name: Slate River Nutrient Bank Total Phosphorus Purchased: 1.31 pounds Amount of Fee Submitted (6% of the amount paid for the nonpoint nutrient offsets): $702.25 FOR DEQ USE ONLY Date: DC #: (DEQ 199-210) (06/13) Page 10 of 10