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HomeMy WebLinkAboutWPO201800044 Affidavit 2021-03-05AFFIDAVIT OF PHOSPHOROUS OFFSET SALE Hotel Street Capital, L.L.C., a Virginia Limited liability company ("Seller"), hereby certifies the following: 1. Pursuant to that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of March 1, 2021 (the "Purchase Agreement"), the Terms of which are incorporated herein by reference and made a part hereof) between Seller and 5th Street Forest LLC, a Virginia limited liability company ("Purchaser") for the benefit of the Purchaser, Seller agreed to sell 0.21 pounds of nonpoint source phosphorus offsets (the Nutrient Credits) to Purchaser and retire the associated ratio of nonpoint source nitrogen offsets at the offset generating facility in the amount of 0.96 pounds of nitrogen offsets relating to the Project known 640 Country Green Rd Charlottesville, VA 22903 (Albemarle County) Tax Parcel Number 07600-00-00-046A0. 2. Seller and Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser the phosphorous offsets. WITNESS the following signature: HOTEL ST APITAL, a Vir ' ' i ted liabi ' c By: Y O VE & By: T1lomas James Ross II' Manai STATE OF VIRGINIA COUNTY OF FAUQUIER: ', LW Man � Member a Sworn and subscribed before me this day of l Vgk7 , 2021, by Thomas James Ross II, Managing Member of �rrayson Love &Company, LLC, Manager of HOTEL STREET aulunI�. CAPITAL, L.L.C., a Vir�pa�gg ,/Sbility company. �:......... A.: �pNWEq�l:AA ice' TIoN NO Y:REGIST1805 G5? 1805 Notary Pu c My Commission expi- s '. c,.n,no2s r ��i Op VIRG�N�P �C 07-ARY PV�p `N. Owner: 5th St et'F81tst LLC Project Name: Royal Fern Phase 1 - Amendment for ABC Mass Grading Project Number: WP020860044 Project Address: 640 Country Green Rd Charlottesville, VA 22903 (Albemarle County) HUC: 02080204 Parcel ID: 07600-00-00-046AO Credits Required 0.21 Ib/yr BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE, made as of 1 2021, by Hotel Street Capital, L.L.C., a Virginia limited liability company ("Seller") and 5th Street Forest LLC, a Virginia limited liability company ("Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of March 1, 2021 (the "Purchase Agreement", the terms of which are incorporated herein by reference and made part hereof), with respect to the sale by Seller and purchase by Purchaser of Compensatory Nutrients Mitigation Credits held in Seller's Nonpoint Offset Bank in Fluvanna County, Virginia (HUC 02080204). 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 0.21 Nutrient Credits ("Credits") 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. Owner: Project Name: Project Number: Project Address: HUC: Parcel ID: Credits Required HOTEL STREET CAPITAL, L.L.C. a Virginia limited liability company by Grayson Love mpany, LLC, its Namd' Thomas James Ross II 5th Street Forest LLC U Royal Fern Phase I — Amendment for ABC Mass Grading WP0201800044 640 Country Green Rd Charlottesville, VA 22903 (Albemarle County) 02080204 07600-00-00-046AO 0.21 lb/yr SELLER: Hotel Street Capital, L.L.C. a Virginia limited liability company BY: Grayson Love Company, LLC, Manage N By: Ahomas James Ross II It Managing Member Dale: / ✓-1 -ar PURCHASER: 5th Street Forest LLC By: Kyle Redinger Its: Authorized Officer Date: 3/1 /21