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HomeMy WebLinkAboutWPO202000040 Agreement - Nutrient Credits 2020-12-22Exhibit A AFFIDAVIT OF PHOSPHORUS CREDIT SALE Eco-Cap, LLC, a Virginia limited liability company (the "Company"), hereby certifies the following: 1. Pursuant to that certain Nutrient Credit Purchase and Sale Agreement, (the "Agreement"), between the Company ("Seller") and MERRIE MILL FARM LLC , (`Buyer"), the Company, for the benefit of the Buyer, agreed to sell from its Bailey Farm Nutrient Bank in Appomattox County, Virginia, 0.92 pounds of nonpoint source phosphorus Credits to Buyer and retire the associated ratio of nonpoint source nitrogen credits at the credit generating facility in the amount of 3.98 pounds of nitrogen credits; 2. The Company and the Buyer, as of the date hereof, have closed the transaction contemplated by the Agreement and the Company has sold to Buyer the 0.92 pounds of phosphorus Credits. WITNESS the following signature: Eco-Cap, LLC, a Virginia limited liability company By: L D Casey Jensin of Eco-Cap, LLC Date: 1111.111-D Commonwealth of Virginia County / Cityof f �f�r�7� r%rJ to -wit: M/ Sworn to and subscribed before me this V ; day of %'vote M d ry , 2020, by Casey J. Jensen, (Authorized Representative), on behalf of Eco-Cap, LLC, a Virginia limited liability company. My commission expires: a 3- 3/', v 2 l Notary Public Project Name: True Heritage Tasting Room at Merrie Mill Farm VSMP— WPO-2020-00040 TMP: 06500-00-00.084BO Project RUC: 02080204 Bank Sponsor HUC: 02080203 Permittee: MERRIE MILL FARM LLC Phosphorus Credits: 0.92 lbs. Associated Nitrogen Credit: 3.38 lbs. n EdwardsPublic76364h � =1� of �'� i -ws - Q, Exhibit B Eco-Cap, LLC BILL OF SALE BILL OF SALE, made as of t KcM�tr 1Q n . 2020, by Eco-Cap, LLC, a Virginia limited liability company ("Seller"), to MERRIE MILL FARM LLC("Buyer"). WHEREAS, Seller and Buyer have entered into that certain Nutrient Credit Sale Agreement (the "Agreement'), with respect to the sale by the Seller and purchase by the Buyer of nonpoint source phosphorus Credits generated within the Bailey Farm Nutrient Bank in Appomattox County, Virginia. 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 Buyer, its successors and assigns, 0.92 pounds of phosphorus Credits and retires 3.38 pounds of nitrogen credits associated with the phosphorous Credits generated at the Bailey Nutrient Bank as such are described in the Agreement. TO HAVE AND TO HOLD all such phosphorus Credits hereby sold and transferred to Buyer 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. Eco-Cap, LLC By. C Casey Jensen of Eco-Cap, LLC Project Name: True Heritage Tasting Room at Merrie Mill Farm VSMP — WPO-2020-00040 TMP: 06500-00-00-084BO Project HUC: 02080204 Bank Sponsor HUC: 02080203 Permittee: MERRIE MILL FARM LLC Phosphorus Credits: 0.92 lbs. Associated Nitrogen Credit: 338 lbs.