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HomeMy WebLinkAboutWPO201700022 Agreement - Nutrient Credits 2021-03-19NUTRIENT CREDIT BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE, made as of the ZO day of nP>}nhre 20 Zo by R&J INVESTMENT, LC, a Virginia limited liability company ("Seller'), to GREENBRIER EAST, LLC ("Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of 8 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, Virginia. 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, 0.77 Nutrient Credits (consisting of 0.77 pounds of nonpoint source phosphorus credits and the retirement of the associated ratio of nonpoint source nitrogen credits in the amount of 2.58 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. R&J INVESTMENT, LC a Virginia limited liability company Name: Ron Pembelton Project Name: Daly's Rent All WPO Number: WPO201700022 Its: Managing Member TMP(s): 061 WO-02-OB-00200 Number of Credits Required: 0.77 lb/vr Project HUC: 02080204 Bank Sponsor HUC: 02080203 Exhibit B AFFIDAVIT OF PHOSPHOROUS OFFSET SALE R&J INVESTMENT, LC, a Virginia limited liability company ("Seller"), hereby certifies the following: Pursuant to that certain Agreement for Purchase and Sale of Nonpoint Nutrient Offset Credits, dated as of October 8, 2020. (the "Agreement", the terms of which are incorporated herein by reference and made a part hereof) between Seller and Greenbrier East, EEC., a Virginia limited liability company ("Purchaser"), Seller, for the benefit of the Purchaser, agreed to sell 0.77 pounds of nonpoint source phosphorous offset credits to Purchaser and retire the associated ratio of nonpoint source nitrogen offsets at the offset generating facility in the amount of 2.58 pounds of nitrogen offsets. 2. Seller and Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser 0.77 pounds of nonpoint source phosphorous offset credits and retired the associated ratio of nonpoint source nitrogen offsets at the offset generating facility in the amount of 2.58 pounds of nitrogen offsets. WITNESS the following signature: R&J INVESTMENT, LC a Virginia limited liability company By:Ao�� JL_ Name: Ron Pembelton Title: Managing Member Date: 10 W/2,02O Sworn to and subscribed before me this �4 day of 0 QttLe , 20 Qo, by Ron Pembelton, Managing Member, on behalf of the Rc&J Investment, LC, a Virginia limited liability company My commission expires: 0131 12.oJ-+- C,4t 4County of: A"a�Q Notaryblic Project Name: Daly's Rent All WPO Number: WPO201700022 TMP(s): 06 t W 0-02-OB-00200 Number of Credits Required: 0.77 Ib/yr Project HUC: 02080204 Bank Sponsor HUC: 02080203