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HomeMy WebLinkAboutWPO202000038 Agreement - Nutrient Credits 2020-11-08i j�kVL -INIA NUTRIENT BANK P.O. Box 142 Penn Laird VA 22846 , (540) 908-1079 - www VirgpiaNutrientBank.com EXHIBIT A - BILL OF SALE Bill of Sale, made as of the jeclay of October, 2020, by Virginia Nutrient Bank, LLC, a Virginia Limited Liability Company ("Seller"), to 30AIP Charlottesville, 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 t Z. 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, 1.03 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 Sleep Number — Charlottesville VSMP Plan (WP02020-00038). This project is located in HUC:02080204. In Witness Whereof, Seller has caused this Bill of Sale to be executed by its drily authorized representative as of the date first above written. Virginia Nut` nty,LLC� By: G� �,�i_'' Name: MaAdn W. Blackwell Title: Manager Acquirer: 30AIP Charlottesville, LLC Project: Sleep Number —Charlottesville VSMP Plan (WPO2020-00038) (HUC:02080204) TM/PIN#: 06100-00-00-134AO Permittee: 30AIP Charlottesville, LLC 2050 W. County Highway 30A Bldg. M-I Unit 228 Santa Rosa Beach, FI, 32459 VSMP #: Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 1.03 pounds Nitrogen Offsets: 3.71 pounds z II�I� A. i OR NZ IL�).L9Q NUTRIENT BANK P.O. Box 142 Penn Laird, VA 2284C (540) 908-1679 • �w�/irainiaNutrientBank 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 1 L-, 2020 (the "Agreement'), the terms of which are incorporated herein by reference and made a part of hereof) between the Seller and 30AIP Charlottesville, LLC ("Purchaser"), the Seller, for the benefit of the Purchaser, agreed to sell 1.03 pounds of phosphorus offsets and retire 3.71 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 1.03 pounds of phosphorus offsets and retired 3.71 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility). WITNESS the following signature: Virginia Nutrien By: Name: Natl an(9V. Blackwell Title: Manager /a % 3 /�LD Date: , Sworn to and subscribed before me this _ / t -day of QG>b 20.?g) by Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC. �n,�'j Su aoat My commission expires: Notary Acquirer: Project: TMIPIN#: Permittee: 30AIP Charlottesville, LLC Sleep Number — Charlottesville VSMP Plan (WP02020-00038) (HUC:02080204) 06100-00-00-134AO 30AIP Charlottesville, LLC 2050 W. County Highway 30A Bldg. M-1 Unit 228 Santa Rosa Beach, FL 32459 V SMP #: Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 1.03 pounds Nitrogen Offsets: 3.71 pounds